ALFARO AKA AKA v. SESSIONS III (2018)

MEMORANDUM **

Omar Rodriguez Alfaro, native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for deferral of removal 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. Edu v. Holder, 624 F.3d 1137, 1142 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s denial of deferral of removal under CAT because Rodriguez Alfaro failed to establish it is more likely than not he will be tortured by or with the consent or acquiescence of the government of Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (generalized evidence of violence and crime in Mexico not particular to petitioners was insufficient to establish CAT eligibility).

PETITION FOR REVIEW DENIED.