PURECO CALDERON v. BARR (2020)

MEMORANDUM **

Gustavo Pureco Calderon, a native and citizen of Mexico, 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 de novo questions of law. Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008). 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.

The record does not support Pureco Calderon's contention that the agency failed to consider country conditions evidence. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006) (petitioner did not overcome the presumption that the BIA reviewed the record); see also Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 894 (9th Cir. 2018) (no indication agency did not consider all the evidence when assessing CAT claim). In addition, substantial evidence supports the agency's denial of CAT relief because Pureco Calderon 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 Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also 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 is insufficient to meet standard for CAT relief).

Pureco Calderon's motion for a stay of removal (Docket Entry No.1) is denied as moot.

PETITION FOR REVIEW DENIED.