Rene A. Cruz v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RENE A. CRUZ,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 16-70888
Agency No. A095-025-283
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2022**
Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.
Rene A. Cruz, a native and citizen of El Salvador, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
* 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
APR 14 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-70888
Our jurisdiction is governed by 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 in part and dismiss in part the petition for review.
In his opening brief, Cruz does not contest the BIA’s conclusion that he
waived any challenge to the IJ’s denial of his asylum and withholding of removal
claims, 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),
and we lack jurisdiction to consider his contentions as to whether his drug
conviction constitutes a particularly serious crime because he failed to raise them
to the BIA, see Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court
lacks jurisdiction to review claims not presented to the agency). We do not reach
Cruz’s remaining contentions as to his eligibility for asylum and withholding of
removal. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011)
(review limited to the grounds relied on by the BIA). Thus, we deny the petition
for review as to Cruz’s asylum and withholding of removal claims.
Substantial evidence supports the agency’s denial of CAT relief because
Cruz failed to show it is more likely than not he will be tortured by or with the
consent or acquiescence of the government if returned to El Salvador. See Aden v.
Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

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3 16-70888
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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