Rigoberto Rodriguez-Gutierrez v. Jefferson Sessions , 700 F. App'x 706 ( 2017 )


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  •                               NOT FOR PUBLICATION                        FILED
    UNITED STATES COURT OF APPEALS                       OCT 31 2017
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    RIGOBERTO RODRIGUEZ-GUTIERREZ,                   No.   16-71205
    AKA Rogoberto Rodriguez-Gutierrez, AKA
    Ruberto Rodriguez-Gutierrez,                     Agency No. A095-286-683
    Petitioner,
    MEMORANDUM*
    v.
    JEFFERSON B. SESSIONS III, Attorney
    General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted October 23, 2017**
    Before:      McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
    Rigoberto Rodriguez-Gutierrez, 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 (“IJ”) decision denying his application for relief
    *
    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).
    under the Convention Against Torture (“CAT”). We have jurisdiction under 
    8 U.S.C. § 1252
    . We review for substantial evidence the agency’s factual findings.
    Go v. Holder, 
    640 F.3d 1047
    , 1052 (9th Cir. 2011). We deny the petition for
    review.
    Substantial evidence supports the agency’s denial of Rodriguez-Gutierrez’s
    CAT claim because, even if credible, he failed to establish 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 
    id. at 1054
     (record evidence insufficient to compel
    conclusion that petitioner was more likely than not to be tortured); Zheng v.
    Holder, 
    644 F.3d 829
    , 835-36 (9th Cir. 2011) (fear of torture speculative).
    We do not address Rodriguez-Gutierrez’s contention regarding the IJ’s
    particularly serious crime finding because the BIA expressly declined to reach this
    finding.
    We reject Rodriguez-Gutierrez’s contention that the agency failed to
    consider record evidence.
    PETITION FOR REVIEW DENIED.
    2                                     16-71205
    

Document Info

Docket Number: 16-71205

Citation Numbers: 700 F. App'x 706

Filed Date: 10/31/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023