Opinion
No. 14-72393
11-21-2016
ALFONSO REYES-CAMACHO, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A200-695-118 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, BERZON, and MURGIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Alfonso Reyes-Camacho, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We review for substantial evidence the agency's factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review.
The record does not compel the conclusion that Reyes-Camacho established extraordinary circumstances to excuse his untimely-filed asylum application. See 8 C.F.R. § 1208.4(a)(5). Thus, we deny the petition for review as to Reyes-Camacho's asylum claim.
Substantial evidence supports the BIA's determination that Reyes-Camacho failed to establish that it is more likely than not that he would be persecuted if he returns to Mexico. See Nagoulko v. INS, 333 F.3d 1016, 1018 (9th Cir. 2003) (possibility of future persecution "too speculative"). Thus, we deny the petition for review as to Reyes-Camacho's withholding of removal claim.
Substantial evidence supports the BIA's denial of CAT relief because Reyes-Camacho failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the Mexican government. See Silaya, 524 F.3d at 1073.
Finally, we deny as unnecessary Reyes-Camacho's renewed request for a stay of removal because the court previously granted a temporary stay of removal. The stay of removal will terminate upon issuance of the mandate.
PETITION FOR REVIEW DENIED.