Marco Montoya-Hernandez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCO MONTOYA-HERNANDEZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 15-71169
Agency No. A095-697-941
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Marco Montoya-Hernandez, a native and citizen of Peru, 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
DEC 14 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008),
and we deny the petition for review.
Although Montoya-Hernandez raises arguments as to the merits of his
withholding of removal claim, he does not challenge the agency’s dispositive
finding that he is not statutorily eligible for this relief. See Martinez Serrano v.
INS, 94 F.3d 1256, 1259 (9th Cir. 1996).
Substantial evidence supports the agency’s denial of Montoya-Hernandez’s
CAT claim because he failed to establish it is more likely than not he would be
tortured by or with the consent or acquiescence of the government if returned to
Peru. See Silaya, 524 F.3d at 1073.
PETITION FOR REVIEW DENIED.
15-71169 2

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