Lopez Nicolas v. Bondi

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 26, 2025
• Docket: 24-4280
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 26 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

EDWIN TIMOTEO LOPEZ NICOLAS; et No. 24-4280 al., Agency Nos. A206-307-753 Petitioners, A208-930-228 A208-930-229 v. A208-615-610 PAMELA BONDI, Attorney General, MEMORANDUM* Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted June 18, 2025**

Before: CANBY, S.R. THOMAS, and SUNG, Circuit Judges.

Edwin Timoteo Lopez Nicolas and his family,1 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”) decision

* 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). 1 The clerk will amend the docket to add petitioner M.D.L.F., A208-615-610, consistent with the final removal order in the certified administrative record. denying their applications for asylum, withholding of removal, and protection

under the Convention Against Torture (“CAT”). Our jurisdiction is governed by

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 review de novo questions

of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny

the petition for review.

We do not disturb the agency’s determination that petitioners failed to show

they suffered harm that rose to the level of persecution. See Mendez-Gutierrez v.

Ashcroft, 340 F.3d 865, 869 n.6 (9th Cir. 2003) (unspecified threats were

insufficient to rise to the level of persecution); see also Flores Molina v. Garland,

37 F.4th 626, 633 n.2 (9th Cir. 2022) (court need not resolve whether de novo or

substantial evidence review applies, where result would be the same under either

standard).

Substantial evidence supports the agency’s conclusion that petitioners failed

to establish a reasonable possibility of future persecution. See Nagoulko v. INS,

333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution “too

speculative”). Thus, petitioners’ asylum claims fail.

Because petitioners failed to establish eligibility for asylum, they failed to

satisfy the standard for withholding of removal. See Villegas Sanchez v. Garland,

990 F.3d 1173, 1183 (9th Cir. 2021).

2 24-4280 We do not address petitioners’ contentions as to the cognizability of their

proposed particular social groups or whether they established a nexus to a

protected ground 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)).

The BIA did not err in its conclusion that petitioners waived any challenge

to the IJ’s denial of their CAT claims. See Alanniz v. Barr, 924 F.3d 1061, 1068-69

(9th Cir. 2019) (no error in BIA’s waiver determination).

PETITION FOR REVIEW DENIED.

3 24-4280