ROBERTO ANTONIO REYES ECHEVERRIA, AKA Roberto Reyes v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERTO ANTONIO REYES
ECHEVERRIA, AKA Roberto Reyes,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 16-72805
Agency No. A095-743-288
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Roberto Antonio Reyes Echeverria, a native and citizen of El Salvador,
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
* 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
MAR 15 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-72805
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the agency’s particularly serious crime determination, Konou v. Holder,
750 F.3d 1120, 1124 (9th Cir. 2014), and review for substantial evidence the
agency’s determinations regarding credibility and CAT relief, Shrestha v. Holder,
590 F.3d 1039, 1048 (9th Cir. 2010). We deny the petition for review.
The agency did not abuse its discretion in determining Reyes Echeverria’s
conviction under California Health and Safety Code § 11351.5 is a particularly
serious crime that renders him ineligible for withholding of removal, where drug
trafficking crimes are presumed to be particularly serious, and the agency relied on
the appropriate factors and proper evidence in concluding Reyes Echeverria failed
to rebut that presumption. See 8 U.S.C. § 1231(b)(3)(B)(ii); 8 C.F.R.
§ 1208.16(d)(2); Miguel-Miguel v. Gonzales, 500 F.3d 941, 949 (9th Cir. 2007)
(recognizing the “strong presumption” that drug trafficking offenses are
particularly serious); Avendano-Hernandez v. Lynch, 800 F.3d 1072, 1077 (9th Cir.
2015) (the court’s review of the agency’s discretionary particularly serious crime
determination is limited to ensuring the agency relied on the appropriate factors
and proper evidence). To the extent Reyes Echeverria challenges the agency’s
adverse credibility determination and the determination is subject to review, it is
supported by substantial evidence. See Shrestha, 590 F.3d at 1039 (9th Cir. 2010)
(adverse credibility determination supported under the totality of circumstances).

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3 16-72805
Substantial evidence supports the agency’s denial of CAT relief, where
Reyes Echeverria did not show it is more likely than not he would be tortured by or
with the acquiescence of the Salvadoran government. See Garcia-Milian v. Holder,
755 F.3d 1026, 1033 (9th Cir. 2014).
PETITION FOR REVIEW DENIED.

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