MARTINEZ AKA v. SESSIONS III (2018)

MEMORANDUM **

Juan Carlos Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Substantial evidence supports the BIA’s denial of deferral of removal under CAT because Martinez failed to show that it is more likely than not that he would be tortured if returned to El Salvador. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative).

We reject Martinez’s claim that the IJ violated his due process rights. See Larita-Martinez v. INS, 220 F.3d 1092, 1096 (9th Cir. 2000) (no due process violation where there is no error).

PETITION FOR REVIEW DENIED.