Martinez Mestanza v. Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 25 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE BLADIMIR MARTINEZ No. 22-1023 MESTANZA, Agency No. A208-746-427 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 12, 2023** Before: CANBY, CALLAHAN, and OWENS, Circuit Judges. Jose Bladimir Martinez Mestanza, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his * 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). applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. Because Martinez Mestanza does not challenge the agency’s dispositive adverse credibility determination, we do not address it. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013). In the absence of credible testimony, in this case, Martinez Mestanza’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348, F.3d 1153, 1156 (9th Cir. 2003). We do not address Martinez Mestanza’s contentions as to the merits of his asylum and withholding of removal claims because the BIA did not deny relief on these grounds. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (“In reviewing the decision of the BIA, we consider only the grounds relied upon by that agency.” (citation and internal quotation marks omitted)). Because Martinez Mestanza does not challenge the agency’s denial of CAT protection, we do not address it. See Lopez-Vasquez, 706 F.3d at 1079-80. The temporary stay of removal remains in place until the mandate issues. The motion for a stay of removal is otherwise denied. PETITION FOR REVIEW DENIED. 2 22-1023