Juan C. Herrera v. Eric Holder, Jr.
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A095-044-329. Copies to all parties and the agency. . [13-2461]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JUAN CARLOS HERRERA,
LORETTA E. LYNCH, Attorney General,
On Petition for Review of an Order of the Board of Immigration
March 18, 2016
April 4, 2016
Before NIEMEYER, KING, and FLOYD, Circuit Judges.
Petition denied by unpublished per curiam opinion.
Parastoo G. Zahedi, LAW OFFICE OF ZAHEDI, PLLC, Vienna,
Virginia, for Petitioner.
Benjamin C. Mizer, Principal Deputy
Director, Michael C. Heyse, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for
Unpublished opinions are not binding precedent in this circuit.
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Juan Carlos Herrera, a native and citizen of El Salvador,
petitions for review of an order of the Board of Immigration
judge’s order denying his applications for asylum, withholding
of removal, and protection under the Convention Against Torture
We deny the petition for review.
deference to the [Board’s] interpretation of the [Immigration
and Nationality Act] and any attendant regulations.”
reasonable adjudicator would be compelled to conclude to the
8 U.S.C. § 1252(b)(4)(B) (2012).
We defer to the
agency’s factual findings under the substantial evidence rule.
Hernandez-Avalos v. Lynch, 784 F.3d 944, 948 (4th Cir. 2015).
Upon review, we conclude that substantial evidence supports
the Board’s finding that Herrera failed to establish that he was
eligible for withholding of removal. *
We therefore deny the
Herrera has abandoned review of the denial of
under the CAT and the finding that he was statutorily
for asylum because he did not raise these issues in
Suarez-Valenzuela v. Holder, 714 F.3d 241, 248-49
2013) (failing to raise challenge to Board’s ruling
in opening brief waives issue).
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petition for review for the reasons stated by the Board.
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
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