Ivan Chaparro-Garcia v. Loretta E. Lynch , 638 F. App'x 607 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 15 2016
FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
IVAN CHAPARRO-GARCIA, No. 12-73510
Petitioner, Agency No. A070-132-868
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 8, 2016**
San Francisco, California
Before: WALLACE, NOONAN, and BERZON, Circuit Judges.
Ivan Chaparro-Garcia, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (Board) final order affirming the decision of
the Immigration Judge (IJ) denying his application for deferral of removal under
Article III of the Convention Against Torture (CAT). When the Board affirms the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
immigration judge’s order without opinion, we review the IJ’s decision as the final
agency action, Tapia v. Gonzalez, 430 F.3d 997, 999 (9th Cir. 2005), and review
the IJ’s determination of purely legal questions de novo. Id. We deny the petition
for review.
To qualify for relief under the CAT, Chaparro-Garcia must establish that it is
more likely than not that he would be tortured if returned to Mexico. 8 C.F.R. §
208.16(c)(2); Go v. Holder, 640 F.3d 1047, 1053 (9th Cir. 2011). Chaparro-
Garcia’s generalized evidence of violence and crime in Mexico is not particular to
Chaparro-Garcia as an “Americanized Mexican,” or a former co-defendant of
unknown criminals, and is insufficient to meet this standard. Delgado-Ortiz v.
Holder, 600 F.3d 1148, 1152 (9th Cir. 2010). Chaparro-Garcia also failed to
demonstrate that he would more likely than not be tortured by or with the consent
or acquiescence of a public official. 8 C.F.R. § 1208.18(a)(1); Nuru v. Gonzalez,
404 F.3d 1207, 1216 (9th Cir. 2005).
Substantial evidence supports the agency’s determination that Chaparro-
Garcia failed to show he was eligible for CAT relief. See Zheng v. Ashcroft, 332
F.3d 1186, 1193 (9th Cir. 2003). Chapparo-Garcia, though found credible by the
IJ in his fear of his past co-defendants, does not know their names or whether they
are in Mexico or the United States, and has not been threatened by them in the past.
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The evidence does not compel the conclusion that Chaparro-Garcia would be
tortured upon return to Mexico because he is an “Americanized Mexican” or would
be targeted by his past co-defendants.
PETITION FOR REVIEW DENIED.
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