Juan Carlos Diaz v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN CARLOS DIAZ,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70907
Agency No. A092-503-875
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Juan Carlos Diaz, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for deferral of removal under
the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
* 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). Thus, we deny Diaz’s
request for oral argument.
FILED
AUG 24 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-70907
§ 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.
Substantial evidence supports the agency’s conclusion that Diaz failed to
meet his burden of proof to demonstrate that it is more likely than not he would be
tortured by or with the consent or acquiesce of a public official or other person
acting in an official capacity if returned to Guatemala. See Alphonsus v. Holder,
705 F.3d 1031, 1049 (9th Cir. 2013) (the evidence did not compel the finding that
petitioner would more likely than not be tortured upon return). We reject Diaz’s
contentions that the agency failed to consider evidence and misstated the record.
PETITION FOR REVIEW DENIED.

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