Juan Arias-Gonzalez v. Jefferson Sessions ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN JOSE ARIAS-GONZALEZ, AKA No. 15-70205
Juan Carlos Castaneda, AKA Luis Garcia-
Rodriguez, AKA Juan Amar Gutierrez, Agency No. A078-461-371
AKA Jonthon Mandiville Osuna, AKA
Miguel Angel Portillo, AKA Diego
Saradegui, AKA Diego Emillio Saradegui, MEMORANDUM*
AKA Diego Saradegui-Torres, AKA Jose
Lozano Zamora,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Juan Jose Arias-Gonzalez, a native and citizen of Ecuador, petitions for
*
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).
review of the Board of Immigrations Appeals’ 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 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 deny the
petition for review.
As to withholding of removal, even if the evidence compels a finding that
the harm in 1994 rose to the level of persecution, the record does not adequately
demonstrate a likelihood of future persecution as of the time of the hearing. See
Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future harm
“too speculative”).
As to CAT relief, substantial evidence supports the agency’s conclusion that
Arias-Gonzalez failed to demonstrate it is more likely than not he would be
tortured if returned to Ecuador. See Silaya, 524 F.3d at 1073.
PETITION FOR REVIEW DENIED.
2 15-70205