DELBER PORTILLO-PORTILLO, AKA Miguel Castillo v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DELBER PORTILLO-PORTILLO, AKA
Miguel Castillo,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 17-71806
Agency No. A070-032-807
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 8, 2022**
Before: WALLACE, TALLMAN, and BYBEE, Circuit Judges.
Delber Portillo-Portillo, native and citizen of El Salvador, petitions pro se
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying his applications for withholding of
removal and protection under the Convention Against Torture (“CAT”). We have
* 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
DEC 14 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-71806
jurisdiction under 8 U.S.C. § 1252. We review factual findings for substantial
evidence. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny
the petition for review.
In his opening brief, Portillo-Portillo does not challenge, and therefore
waives, the BIA’s determination that his conviction pursuant to California Penal
Code § 211 constitutes a particularly serious crime that renders him ineligible for
withholding of removal under the Immigration and Nationality Act and the CAT.
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).
Substantial evidence supports the denial of CAT protection because Portillo-
Portillo did not establish that it is more likely than not he would be tortured if
returned to El Salvador. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir.
2011) (claims of possible torture were speculative); Go v. Holder, 640 F.3d 1047,
1054 (9th Cir. 2011) (country reports and credible testimony were insufficient to
compel conclusion that petitioner was more likely than not to be tortured).
The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED.

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