Oscar Velazquez-Prado v. Jefferson Sessions , 691 F. App'x 898 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 7 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
OSCAR SAUL VELAZQUEZ-PRADO, No. 14-72157
Petitioner, Agency No. A205-464-594
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Oscar Saul Velazquez-Prado, a native and citizen of Mexico, petitions for
review of the Board of Immigrations Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for withholding of
removal and relief under the Convention Against Torture (“CAT”). We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. § 1252. We review questions of law de novo, Cerezo v.
Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference
is owed to the BIA’s determination of the governing statutes and regulations,
Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). We review for
substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d
1066, 1070 (9th Cir. 2008). We deny the petition for review.
The BIA did not err in finding that Velazquez-Prado failed to establish
membership in a cognizable social group. See Ramirez-Munoz v. Lynch, 816 F.3d
1226, 1228-29 (9th Cir. 2016). Thus, we deny the petition as to his withholding of
removal claim.
Further, substantial evidence supports the BIA’s denial of Velazquez-
Prado’s CAT claim because he did not establish it is more likely than not he would
be tortured by the Mexican government, or with its consent or acquiescence. See
Silaya, 524 F.3d at 1073.
PETITION FOR REVIEW DENIED.
2 14-72157