Ismael Jimenez-Pineda v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ISMAEL JIMENEZ-PINEDA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71632
Agency No. A099-831-515
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Ismael Jimenez-Pineda, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for withholding of removal
and protection under the Convention Against Torture (“CAT”). We have
FILED
SEP 26 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-71632 2
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.
2006). We deny the petition for review.
Jimenez-Pineda fears he will be mistakenly identified as a gang member and
thus be subject to persecution or torture because he has tattoos.
Substantial evidence supports the agency’s conclusion that Jimenez-Pineda
failed to establish that it is more likely than not he would be persecuted if returned
to Honduras. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003)
(concluding petitioner’s fear was “too speculative”).
Substantial evidence also supports the agency’s denial of CAT relief because
Jimenez-Pineda failed to establish it is more likely than not he would be tortured at
the instigation of or with the acquiescence of the government if returned to
Honduras. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.

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