ALCARAZ OCHOA v. GARLAND (2021)

MEMORANDUM **

Juan P. Alcaraz-Ochoa, 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 relief 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. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review.

Substantial evidence supports the agency's denial of deferral of removal under CAT because Alcaraz-Ochoa failed to show it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture). We reject as unsupported by the record Alcaraz-Ochoa's contention that the BIA ignored evidence or otherwise erred in its analysis of his claim.

The temporary stay of removal remains in place until the issuance of the mandate.

PETITION FOR REVIEW DENIED.