Oscar Armando Flores-De Paz v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OSCAR ARMANDO FLORES-DE PAZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72347
Agency No. A098-595-129
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
San Francisco, California
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Oscar Armando Flores-De Paz, a native and citizen of El Salvador, petitions
pro se for review of the decision of the Board of Immigration Appeals which
dismissed his appeal from the immigration judge’s denial of his applications for
asylum, withholding of removal, and relief under the Convention Against Torture.
FILED
OCT 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-72347 2
Flores-De Paz contends that he was persecuted by gangs and that he is
entitled to some form of relief. In his opening brief, Flores De-Paz failed to
challenge the agency’s finding that Flores-De Paz was not part of a cognizable
social group, and therefore not entitled to asylum and withholding of removal
relief. The issue therefore is waived. See Martinez-Serrano v. Holder, 94 F.3d
1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a
party’s opening brief are waived.) In addition, petitioner failed to establish that he
is entitled to CAT relief where he did not show that it was more likely than not that
he would be tortured at the acquiescence of government officials if he were
returned to El Salvador. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th
Cir. 2010); Santos-Lemus v. Mukasey, 542 F.3d 738, 748 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.

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