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ROCHA v. GARLAND (2021)

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United States Court of Appeals, Ninth Circuit.

Petra Cabrera ROCHA, aka Petra Rocha Cabrera, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

No. 15-70647

Decided: June 28, 2021

Before: GRABER, FRIEDLAND, and BENNETT, Circuit Judges. Sarah Vanessa Perez, Law Offices of Sarah V. Perez, Montebello, CA, for Petitioner. Jeffery R. Leist, Trial Attorney, Sabatino F. Leo, Trial Attorney, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

MEMORANDUM **

Petra Cabrera Rocha, 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 asylum, withholding of removal, and protection under the Convention Against Torture.

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.

Cabrera Rocha does not challenge the agency's determination that her criminal history makes her ineligible for asylum and withholding of removal. Substantial evidence supports the agency's denial of deferral of removal under the Convention Against Torture because Cabrera Rocha failed to show that it is more likely than not she will be tortured by or with the consent or acquiescence of the government if returned to Mexico. Mairena v. Barr, 917 F.3d 1119, 1125-26 (9th Cir. 2019) (per curiam).

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

PETITION FOR REVIEW DENIED.

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