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Jimenez v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 13, 2018
No. 16-73485 (9th Cir. Apr. 13, 2018)

Opinion

No. 16-73485

04-13-2018

JUAN DE LOERA JIMENEZ, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A044-125-516 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

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

Juan de Loera Jimenez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal's ("BIA") order dismissing an appeal from an immigration judge's decision denying his application for deferral of removal under the Convention Against Torture ("CAT"). Our jurisdiction is governed by 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 dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Jimenez's contention that the agency erred in determining that his criminal conviction constituted a particularly serious crime because he failed to raise the issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

Substantial evidence supports the agency's denial of deferral of removal under CAT because Jimenez failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.


Summaries of

Jimenez v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 13, 2018
No. 16-73485 (9th Cir. Apr. 13, 2018)
Case details for

Jimenez v. Sessions

Case Details

Full title:JUAN DE LOERA JIMENEZ, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 13, 2018

Citations

No. 16-73485 (9th Cir. Apr. 13, 2018)