Herrera-Cuyuch v. Bondi

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 3 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LIDIA MARIA HERRERA-CUYUCH; et No. 24-7742 al., Agency Nos. A203-472-193 Petitioners, A203-472-194 v. MEMORANDUM* PAMELA BONDI, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 21, 2025** Before: SILVERMAN, LEE, and VANDYKE, Circuit Judges. Lidia Maria Herrera-Cuyuch and her minor son, natives and citizens of Guatemala, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ’s”) decision denying their applications for asylum, withholding of removal, and * 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). protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Arrey v. Barr, 916 F.3d 1149, 1157 (9th Cir. 2019). We deny the petition for review. Petitioners do not challenge the BIA’s conclusion that they waived review of the IJ’s dispositive past persecution and likelihood of future persecution determinations. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not raised in the opening brief are forfeited). Thus, petitioners’ asylum and withholding of removal claims fail. Substantial evidence supports the agency’s denial of CAT protection because petitioners failed to show it is more likely than not they will be tortured by or with the consent or acquiescence of the government if returned to Guatemala. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). The temporary stay of removal remains in place until the mandate issues. The motion to stay removal is otherwise denied. PETITION FOR REVIEW DENIED. 2 24-7742