Juan C. Herrera v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A095-044-329. Copies to all parties and the agency. [999787759]. [13-2461]

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UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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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