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NOT FOR PUBLICATION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.