Echevarria-Barajas v. Lynch
Opinion of the Court
MEMORANDUM
Horacio Echevarria-Barajas, a native and citizen of Mexico, petitions for review of the Board of Immigration, Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and voluntary departure. Our jurisdiction is governed by 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 in part and dismiss in part the petition for review.
Because Echevarria-Barajas did not establish eligibility for asylum, his withholding of removal claim necessarily fails. See Zehatye, 453 F.3d at 1190.
Substantial evidence supports the BIA’s denial of Echevarria-Barajas’ CAT claim because he failed to establish it is more likely than not he would be tortured if returned to Mexico. See Alphonsus v. Holder, 705 F.3d 1031, 1049-50 (9th Cir. 2013).
Finally, we lack jurisdiction to review the agency’s discretionary denial of voluntary departure. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 (9th Cir. 2013).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Horacio ECHEVARRIA-BARAJAS v. Loretta E. LYNCH, Attorney General
- Status
- Published