FONSECA MARTINEZ v. BARR (2020)

MEMORANDUM **

Juan Carlos Fonseca-Martinez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) 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 abuse of discretion whether the BIA clearly departs from its own standards.” Mejia v. Sessions, 868 F.3d 1118, 1121 (9th Cir. 2017). We review for substantial evidence the agency’s factual findings. Avendano-Hernandez v. Lynch, 800 F.3d 1072, 1078 (9th Cir. 2015). We deny the petition for review.

The BIA did not abuse its discretion in affirming the IJ’s competency determination. See Salgado v. Sessions, 889 F.3d 982, 988 (9th Cir. 2018) (finding no abuse of discretion when petitioner “did not show an inability to answer questions or a high level of distraction”); Matter of M-A-M-, 25 I. & N. Dec. 474, 477 (BIA 2011). The record does not support any argument that the agency failed to comply with the procedures mandated by the permanent injunction entered in Franco-Gonzalez v. Holder, No. CV-10-02211 DMG (DTBx), 2013 WL 8115423 (C.D. Cal. Apr. 23, 2013), and its implementing order, Franco-Gonzalez v. Holder, No. CV-10-02211 DMG (DTBx), 2014 WL 5475097 (C.D. Cal., Oct. 29, 2014).

Substantial evidence supports the agency’s denial of CAT relief because Fonseca-Martinez 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) (denying CAT relief where possibility of torture was too speculative).

PETITION FOR REVIEW DENIED.