Miguel Herrera Ayala v. Merrick Garland ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 25 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIGUEL ANGEL HERRERA AYALA, No. 20-70126
Petitioner, Agency No. A098-246-929
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Miguel Angel Herrera Ayala, a native and citizen of Mexico, petitions 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 8 U.S.C.
*
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).
§ 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
Herrera Ayala 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
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
We reject as unsupported by the record Herrera Ayala’s contentions that the
agency failed to consider evidence or otherwise erred in its analysis.
PETITION FOR REVIEW DENIED.
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