VARGAS CHAVEZ v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.

Lizbett VARGAS-CHAVEZ, Petitioner, v. Robert M. WILKINSON, Acting Attorney General, Respondent.

No. 16-70090

Decided: February 25, 2021

Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges. Sanjay Sobti, Esquire, Attorney, U.S. Law Center, Corona, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Virginia Lum, Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Lizbett Vargas-Chavez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge's decision denying her 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Substantial evidence supports the agency's denial of deferral of removal under CAT because Vargas-Chavez failed to show it is more likely than not she 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 Garcia-Milian v. Holder, 755 F.3d 1026, 1033-35 (9th Cir. 2014) (concluding that petitioner did not establish the necessary “state action” for CAT relief).

As stated in the court's April 18, 2016 order, the temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.