GUDINO JAIMES AKA AKA AKA v. BARR (2019)

MEMORANDUM **

Pazur Gudino-Jaimes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s decision denying asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. Pechenkov v. Holder, 705 F.3d 444, 448 (9th Cir. 2012) (the 8 U.S.C. § 1252(a)(2)(C) jurisdictional bar is subject to two exceptions: 1) contentions relating to questions of law or constitutional claims, and 2) where the agency denies relief on the merits). We review de novo questions of law. Bolanos v. Holder, 734 F.3d 875, 876 (9th Cir. 2013). We review for substantial evidence the denial of relief under CAT. Konou v. Holder, 750 F.3d 1120, 1124 (9th Cir. 2014). We deny the petition for review.

The agency did not err in considering Gudino-Jaimes’s sentence enhancement in determining that he was convicted of a per se particularly serious crime, rendering him ineligible for withholding of removal. See 8 U.S.C. § 1231(b)(3)(B); 8 C.F.R. § 1208.16(d)(2); Konou, 750 F.3d at 1128 (“An enhanced sentence by its plain language can be considered a type of sentence.”). Accordingly, the agency did not err in declining to conduct a case-specific analysis under Matter of Frentescu, 18 I. & N. Dec. 244 (BIA 1982).

Substantial evidence supports the agency’s determination that Gudino-Jaimes did not show it is more likely than not he would be tortured by or with the acquiescence of the Mexican government. See Garcia-Milian v. Holder, 755 F.3d 1026, 1033 (9th Cir. 2014).

PETITION FOR REVIEW DENIED.