Sunil Basnet v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUNIL BASNET,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-71687
Agency No. A088-870-125
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 10, 2014 **
Seattle, Washington
Before: KOZINSKI, Chief Judge, and RAWLINSON and BEA, Circuit Judges.
Sunil Basnet filed an untimely application for asylum and did not satisfy his
burden to show extraordinary or changed circumstances. See 8 U.S.C. § 1158(a).
Basnet also failed to demonstrate eligibility for asylum by establishing persecution
FILED
APR 21 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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on account of a protected ground. See Garcia-Milian v. Holder, No. 09-71461,
—F.3d—, 2014 WL 555138, at *4 (9th Cir. Feb. 13, 2014), as amended.
Because “[a]n applicant who fails to satisfy the standard of proof for asylum
also fails to satisfy the more stringent standard for withholding of removal,”
Basnet’s challenge to the denial of his request for withholding also fails. Id. at *5
n.4 (citation omitted).
Because Basnet failed to argue his Convention Against Torture claim in his
opening brief, that claim is waived. See Wagner v. Cnty. of Maricopa, No.
10-15501, —F.3d—, 2013 WL 7219510, at *11 (9th Cir. Dec. 30, 2013), as
amended, (citation omitted).
PETITION DENIED.
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