Juan Martinez v. Jefferson Sessions, III ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 26 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN CARLOS MARTINEZ, AKA Tako No. 17-71543
Unknown,
Agency No. A090-038-739
Petitioner,
v. MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Juan Carlos Martinez, 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 decision denying his application for deferral of
removal under the Convention Against Torture (“CAT”). We have jurisdiction
*
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).
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.
Substantial evidence supports the BIA’s denial of deferral of removal under
CAT because Martinez failed to show that it is more likely than not that he would
be tortured if returned to El Salvador. See Zheng v. Holder, 644 F.3d 829, 835-36
(9th Cir. 2011) (possibility of torture too speculative).
We reject Martinez’s claim that the IJ violated his due process rights. See
Larita-Martinez v. INS, 220 F.3d 1092, 1096 (9th Cir. 2000) (no due process
violation where there is no error).
PETITION FOR REVIEW DENIED.
2 17-71543