Wilson Calderon-Moreno v. Loretta E. Lynch , 633 F. App'x 483 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILSON DANIEL CALDERON- No. 14-72050
MORENO,
Agency No. A089-842-022
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Wilson Daniel Calderon-Moreno, a native and citizen of Honduras, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d
1066, 1070 (9th Cir. 2008), and we review de novo due process claims, Vilchez v.
Holder, 682 F.3d 1195, 1198 (9th Cir. 2012). We deny the petition for review.
We reject Calderon-Moreno’s contention that the BIA erred in streamlining
his case because the BIA did not streamline his case. We also reject Calderon-
Moreno’s contention that the BIA failed to provide a reasoned explanation for its
decision. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to
establish a due process violation).
Substantial evidence supports the agency’s determination that Calderon-
Moreno failed to establish that the Honduran government was or will be unable or
unwilling to protect him. See Castro-Martinez v. Holder, 674 F.3d 1073, 1081-82
(9th Cir. 2011). Thus, we deny the petition as to his asylum and withholding of
removal claims. See id. at 1082.
Substantial evidence also supports the agency’s denial of CAT relief because
Calderon-Moreno failed to demonstrate it is more likely than not he would be
tortured at the instigation of or with the acquiescence of the Honduran government
if returned. See Silaya, 524 F.3d at 1073.
PETITION FOR REVIEW DENIED.
2 14-72050