Jose De La Cruz v. Merrick Garland ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 19 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE GUMERCINDO DE LA CRUZ, No. 16-72267
Petitioner, Agency No. A205-714-179
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2022**
Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.
Jose Gumercindo De La Cruz, a native and citizen of Guatemala, 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 relief
under the Convention Against Torture (“CAT”). We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings.
Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the
petition for review.
Substantial evidence supports the agency’s denial of CAT relief because De
La Cruz failed to show it is more likely than not he will be tortured by or with the
consent or acquiescence of the government if returned to Guatemala. See
Andrade-Garcia v. Lynch, 828 F.3d 829, 836-37 (9th Cir. 2016) (CAT claim fails
where the petitioner is unable to demonstrate torture was or would be inflicted by,
at the instigation of, or with the consent or acquiescence of a public official or
other person acting in an official capacity); see also Aden v. Holder, 589 F.3d
1040, 1047 (9th Cir. 2009).
We reject as unsupported by the record De La Cruz’s contention that the
BIA ignored evidence or otherwise erred in the analysis of his claims.
PETITION FOR REVIEW DENIED.
2 16-72267