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UNPUBLISHED PER CURIAM OPINION filed.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. [999787759]. [13-2461]

Download PDF
Appeal: 13-2461 Doc: 48 Filed: 04/04/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2461 JUAN CARLOS HERRERA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: March 18, 2016 Decided: 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 Petition denied by unpublished per curiam opinion.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 Assistant Attorney General, Mary Jane Candaux, Assistant Director, Michael C. Heyse, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. Appeal: 13-2461 Doc: 48 Filed: 04/04/2016 Pg: 2 of 3 PER CURIAM: Juan Carlos Herrera, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (Board) dismissing his appeal from the immigration judge’s order denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We We deny the petition for review. review legal issues de novo, “affording appropriate deference to the [Board’s] interpretation of the [Immigration and Nationality Act] and any attendant regulations.” Lin v. Mukasey, Administrative 517 findings F.3d of 685, fact 691–92 “are (4th Li Fang Cir. conclusive 2008). unless any reasonable adjudicator would be compelled to conclude to the contrary.” 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). 2 protection ineligible his brief. (4th Cir. or finding Appeal: 13-2461 Doc: 48 Filed: 04/04/2016 Pg: 3 of 3 petition for review for the reasons stated by the Board. re: Herrera (B.I.A. Nov. 7, 2013). We dispense See In with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?