Javier Bautista Ponce v. William Barr
Javier Bautista Ponce v. William Barr
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 13 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JAVIER BAUTISTA PONCE, AKA Javier No. 19-71058 Bautista Chavez, AKA Luis Chavez Jiminez, Agency No. A072-277-516 Petitioner, MEMORANDUM* v. WILLIAM P. BARR, Attorney General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 6, 2020** Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.
Javier Bautista Ponce, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
* 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).
§ 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.
Substantial evidence supports the agency’s denial of CAT relief because Bautista Ponce failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative); Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture).
We reject Bautista Ponce’s contentions that the agency failed to consider evidence or otherwise erred in its analysis of his claim.
PETITION FOR REVIEW DENIED.
2 19-71058
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