Crisanta Hernandez Parra v. JEFFERSON B. SESSIONS III, Attorney General

17-72674Court of Appeals for the Ninth CircuitOct 29, 2018

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CRISANTA HERNANDEZ PARRA, et al.,
Petitioners,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 17-72674
Agency Nos. A206-910-654
A206-910-968
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges
Crisanta Hernandez Parra and her granddaughter, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing their appeal from an immigration judge’s decision denying their
application for asylum, withholding of removal, and relief under the Convention
* 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
OCT 29 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-72674
Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We
review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales,
453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
Substantial evidence supports the BIA’s determination that petitioners failed
to establish a nexus between past or future harm and a protected ground, including
membership in a particular social group. See Zetino v. Holder, 622 F.3d 1007,
1015-16 (9th Cir. 2010); see also Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir.
2011) (even if membership in a particular social group is established, an applicant
must still show that “persecution was or will be on account of his membership in
such group”) (emphasis in original). Thus, petitioners’ asylum and withholding of
removal claims fail.
Although petitioners reference CAT relief in their statement of issues, they
do not make any arguments challenging the agency’s denial of CAT relief. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not
specifically raised and argued in a party’s opening brief are waived).
PETITION FOR REVIEW DENIED.

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