Domingos Pedro Miguel v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOMINGOS PEDRO MIGUEL,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 17-71849
Agency No. A208-925-332
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 15, 2022**
Before: CANBY, CALLAHAN, and BADE, Circuit Judges.
Domingos Pedro Miguel, a native and citizen of Angola, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge (“IJ”) decision denying his applications for asylum,
withholding of removal, and protection under the Convention Against Torture
* 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).
FILED
NOV 21 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 3 --

2 17-71849
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings. Flores Molina v. Garland, 37 F.4th 626,
632 (9th Cir. 2022). We grant in part and deny in part the petition for review, and
we remand.
As to asylum and withholding of removal, the record compels the conclusion
that the cumulative harm Miguel suffered in Angola, which included detention,
beatings, and threats, rose to the level of persecution. See Singh v. Garland, 48
F.4th 1059, 1069 (9th Cir. 2022) (past persecution analysis is informed by
comparing the facts with similar cases, and severe physical injuries are not
required to meet standard); Ndom v. Ashcroft, 384 F.3d 743, 751-52 (9th Cir.
2004), superseded by statute on other grounds as stated by Parussimova v.
Mukasey, 555 F.3d 734, 739-40 (9th Cir. 2009) (threat and detention in harsh
conditions compelled finding of past persecution); Mihalev v. Ashcroft, 388 F.3d
722, 729-30 (9th Cir. 2004) (ten-day detention and beatings when “there is no
evidence that Petitioner suffered a significant injury as a result of those beatings”
compelled finding of past persecution).
Thus, we grant the petition as to Miguel’s asylum and withholding of
removal claims, and remand for any necessary further proceedings consistent with
this disposition. See Mihalev, 388 F.3d at 730; see also INS v. Ventura, 537 U.S.
12, 16-18 (2002) (per curiam).

-- 2 of 3 --

3 17-71849
Because Miguel does not challenge the agency’s determination that he is not
eligible for CAT protection, this issue is waived. See Lopez-Vasquez v. Holder,
706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued
in a party’s opening brief are waived). Therefore, we deny the petition for review
as to Miguel’s CAT claim.
The government shall bear the costs for this petition for review.
PETITION FOR REVIEW GRANTED in part; DENIED in part;
REMANDED.

-- 3 of 3 --