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Banuelos-Gonzalez v. Garland

United States Court of Appeals, Ninth Circuit
Oct 12, 2022
No. 18-71074 (9th Cir. Oct. 12, 2022)

Opinion

18-71074

10-12-2022

GENARO BANUELOS-GONZALEZ, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted October 7, 2022 Pasadena, California

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A098-950-303

Before: TASHIMA and LEE, Circuit Judges, and BENNETT, District Judge.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2)(C).

MEMORANDUM

Genaro Banuelos-Gonzalez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for protection 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. Flores-Vega v. Barr, 932 F.3d 878, 886 (9th Cir. 2019). We deny the petition for review.

Substantial evidence supports the agency's denial of CAT protection. The record contains no evidence that Banuelos-Gonzalez has been harmed or threatened, much less tortured, in the past. The record shows only generalized conditions of crime and violence, which is insufficient to show that Banuelos-Gonzalez faces a particularized risk of torture. See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (generalized evidence of violence and crime in Mexico not particular as to petitioner is insufficient to establish CAT eligibility). Further, Banuelos-Gonzalez failed to show it is more likely than not that he will be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

The temporary stay of removal remains in place until the mandate issues.

PETITION FOR REVIEW DENIED.

The Honorable Richard D. Bennett, United States District Judge for the District of Maryland, sitting by designation.


Summaries of

Banuelos-Gonzalez v. Garland

United States Court of Appeals, Ninth Circuit
Oct 12, 2022
No. 18-71074 (9th Cir. Oct. 12, 2022)
Case details for

Banuelos-Gonzalez v. Garland

Case Details

Full title:GENARO BANUELOS-GONZALEZ, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 12, 2022

Citations

No. 18-71074 (9th Cir. Oct. 12, 2022)