Skip to main content


Reset A A Font size: Print

United States Court of Appeals, Ninth Circuit.

Juan RODRIGUEZ-COMACHO, aka Juan Rodriguez-Camacho, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-72327

Decided: November 25, 2019

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges. Elisa C. Brasil, Esquire, Attorney, Law Offices of Elisa C. Brasil, San Francisco, CA, for Petitioner Kevin Conway, Esquire, Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent


Juan Rodriguez-Comacho, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ 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 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.

Substantial evidence supports the agency’s denial of CAT relief because Rodriguez-Comacho 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 Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (generalized evidence of violence and crime in Mexico was not particular to the petitioner and insufficient to establish eligibility for CAT relief).

We reject Rodriguez-Comacho’s contentions that IJ failed to consider evidence and used an incorrect legal standard.


Copied to clipboard