Rodriguez-Merida, et al v. Holder, No. 07-74579 (9th Cir. 2010)

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FILED NOV 01 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE LUIS RODRIGUEZ-MERIDA, Petitioner, No. 07-74579 Agency No. A098-762-789 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 19, 2010 ** Before: O SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges. Jose Luis Rodriguez-Merida, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s ( IJ ) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ( CAT ). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny in part and dismiss in part the petition for review. The IJ denied Rodriguez-Merida s asylum application as time-barred. Rodriguez-Merida does not challenge this finding in his opening brief. Substantial evidence supports the BIA s determination that RodriguezMerida did not establish past persecution or a clear probability of future persecution based on the mistreatment he and other family members suffered when Rodriguez-Merida was a child. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir. 1995); see also Hernandez-Ortiz v. Gonzales, 496 F.3d 1042, 1045-46 (9th Cir. 2002). We reject Rodriguez-Merida s contention that the agency erred in failing to take into consideration Rodriguez-Merida s age at the time the events occurred because the agency properly considered the harm to Rodriguez-Merida s family and Rodriguez-Merida s age at the time. See Hernandez-Ortiz, 496 F.3d at 104546. We lack jurisdiction to review Rodriguez-Merida s contentions that he suffered persecution as a member of a family-based social group and that he has a derivative fear of future persecution through his daughter, because he failed to exhaust these issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 2 07-74579 (9th Cir. 2004). Accordingly, Rodriguez-Merida s withholding of removal claim fails. Finally, Rodriguez-Merida failed to set forth any substantive argument regarding the BIA s denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996) (issues not supported by argument are deemed waived). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 3 07-74579

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