OMAR RODRIGUEZ ALFARO, AKA Omar Abel Rodriguez, AKA Omar Abel Rodriguezalfaro v. JEFFERSON B. SESSIONS III, Attorney General

16-73735Court of Appeals for the Ninth CircuitSep 20, 2018

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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OMAR RODRIGUEZ ALFARO, AKA
Omar Abel Rodriguez, AKA Omar Abel
Rodriguezalfaro,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-73735
Agency No. A207-018-420
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Omar Rodriguez Alfaro, 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 his application for deferral of removal under
* 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).
FILED
SEP 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. §
1252. We review for substantial evidence the agency’s factual findings. Edu v.
Holder, 624 F.3d 1137, 1142 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s denial of deferral of removal
under CAT because Rodriguez Alfaro failed to establish it is more likely than not
he will be tortured by or with the consent or acquiescence of the government of
Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of
torture too speculative); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir.
2010) (generalized evidence of violence and crime in Mexico not particular to
petitioners was insufficient to establish CAT eligibility).
PETITION FOR REVIEW DENIED.

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