NARCISO MATIANO AKA AKA AKA AKA v. BARR (2019)

MEMORANDUM **

Ciro Narciso-Matiano, a native and citizen of Mexico and a legal permanent resident, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision finding him ineligible for withholding of removal and denying relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Narciso-Matiano’s particularly serious crime contention. See Pechenkov v. Holder, 705 F.3d 444, 448-49 (9th Cir. 2012) (“[8 U.S.C.] § 1252(a)(2)(D) cannot restore jurisdiction to review a ‘particularly serious crime’ determination where” the challenge is that the agency “incorrectly assessed the facts”).

Substantial evidence supports the agency’s denial of deferral of removal under CAT because Narciso-Matiano failed to establish it is more likely than not that he would be tortured by or with the consent or acquiescence of the Mexican government. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.