U.S. Court of Appeals for the Ninth Circuit, 2014

Michael Rodriguez v. Eric Holder, Jr.

Michael Rodriguez v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 29, 2014 · Goodwin, Canby, Callahan
584 F. App'x 357

Michael Rodriguez v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Michael Alexander Rodriguez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Rodriguez fears future persecution by his uncle because he disclosed his uncle’s abuse of Rodriguez and his siblings when they were children. Substantial evidence supports the BIA’s denial of Rodriguez’s withholding of removal claim. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution too speculative).

Substantial evidence also supports the BIA’s denial of Rodriguez’s CAT claim because he failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the Guatemalan government. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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