Levi Cruz v. Merrick Garland ( 2021 )

FILED
NOT FOR PUBLICATION
AUG 25 2021
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEVI ANTONIO CRUZ, No. 20-73608
Petitioner, Agency No. A205-316-053
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Levi Antonio Cruz, a native and citizen of El Salvador, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for relief under the
Convention Against Torture (“CAT”). Our jurisdiction is governed by 8
*
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).
U.S.C. § 1252. We review for substantial evidence the agency’s factual findings.
Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny in part and
dismiss in part the petition for review.
Substantial evidence supports the agency’s denial of deferral of removal
under CAT because Cruz failed to show it is more likely than not he would be
tortured by or with the consent or acquiescence of the government if returned to El
Salvador. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility
of torture too speculative); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir.
2010) (generalized evidence of violence and crime in Mexico is insufficient to
meet standard for CAT relief). We lack jurisdiction to consider Cruz’s contention
that the IJ erred in the analysis of his CAT claim. See Barron v. Ashcroft, 358 F.3d
674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to consider claims not raised
to the BIA).
The temporary stay of removal remains in place until issuance of the
mandate. The motion for a stay of removal is otherwise denied.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 20-73608