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Diaz v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 24, 2016
No. 14-70907 (9th Cir. Aug. 24, 2016)

Opinion

No. 14-70907

08-24-2016

JUAN CARLOS DIAZ, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A092-503-875 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: O'SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.

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

Juan Carlos Diaz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' 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 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.

Substantial evidence supports the agency's conclusion that Diaz failed to meet his burden of proof to demonstrate that it is more likely than not he would be tortured by or with the consent or acquiesce of a public official or other person acting in an official capacity if returned to Guatemala. See Alphonsus v. Holder, 705 F.3d 1031, 1049 (9th Cir. 2013) (the evidence did not compel the finding that petitioner would more likely than not be tortured upon return). We reject Diaz's contentions that the agency failed to consider evidence and misstated the record.

PETITION FOR REVIEW DENIED.


Summaries of

Diaz v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 24, 2016
No. 14-70907 (9th Cir. Aug. 24, 2016)
Case details for

Diaz v. Lynch

Case Details

Full title:JUAN CARLOS DIAZ, Petitioner, v. LORETTA E. LYNCH, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 24, 2016

Citations

No. 14-70907 (9th Cir. Aug. 24, 2016)