Jesus Lopez-Paez v. William Barr ( 2020 )

FILED
NOT FOR PUBLICATION
MAY 13 2020
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS LOPEZ-PAEZ, No. 18-72799
Petitioner, Agency No. A076-732-779
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 6, 2020**
Seattle, Washington
Before: KLEINFELD, W. FLETCHER, and RAWLINSON, Circuit Judges.
Jesus Lopez-Paez, a native and citizen of Mexico, petitions this Court for
review of the Board of Immigration Appeals’ order affirming an immigration
judge’s decision denying his request for relief under the Convention Against
Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252.
*
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).
We review the factual findings in this context for substantial evidence.
Singh v. Whitaker, 914 F.3d 654, 658 (9th Cir. 2019). There was substantial
evidence on the record taken as a whole to support the BIA’s decision that
Lopez-Paez was not entitled to Convention Against Torture relief. See id. at 663.
The kidnapping by the Tijuana cartel occurred in 1988, over thirty years ago, when
Lopez-Paez was twelve. There is little evidence in the record of continuing danger
from the cartel. Nor is there evidence in the record that the Tijuana cartel controls
other regions of Lopez-Paez’s native country. The petitioner had the burden of
proving that torture would be more likely than not if he returned, and he did not
sustain it.
The petition for review is DENIED.
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