Rainer Amin Bernal v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAINER AMIN BERNAL,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70165
Agency No. A077-117-811
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.
Rainer Amin Bernal, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying him asylum, withholding of removal, and
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
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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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.
The record does not compel the conclusion that Bernal filed his untimely
asylum application within a reasonable period of time after he learned of threats
against his uncles in Mexico. See Husyev v. Mukasey, 528 F.3d 1172, 1181 (9th
Cir. 2008). Thus, Bernal’s asylum claim fails.
Substantial evidence supports the agency’s conclusion that Bernal did not
establish that it is more likely than not that he would be persecuted if returned to
Mexico. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (speculative
fear was insufficient to compel a finding of a well-founded fear of future
persecution). Accordingly, Bernal’s withholding of removal claim fails.
Finally, substantial evidence supports the agency’s denial of Bernal’s CAT
claim because he did not establish it is more likely than not that he would be
tortured if returned to Mexico. See Silaya, 524 F.3d at 1073. Thus, Bernal’s CAT
claim fails.
PETITION FOR REVIEW DENIED.
14-70165 2

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