Omar Arellano Zarate v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OMAR ARELLANO ZARATE,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-73083
Agency No. A077-160-480
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 24, 2016 **
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Omar Arellano Zarate, a native 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. § 1252. We review for
FILED
FEB 29 2016
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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substantial evidence the BIA’s factual findings, Silaya v. Mukasey, 524 F.3d 1066,
1070 (9th Cir. 2008), and we deny the petition for review.
Substantial evidence supports the BIA’s denial of Arellano Zarate’s CAT
claim because he failed to establish it is more likely than not that he would be
tortured. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011). In light of
our conclusion, we need not reach Arellano Zarate’s contention regarding
acquiescence.
PETITION FOR REVIEW DENIED.
13-73083 2

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