United States v. 2020-05-13 | 19-71058 | JAVIER BAUTISTA PONCE V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAVIER BAUTISTA PONCE, AKA Javier
Bautista Chavez, AKA Luis Chavez
Jiminez,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 19-71058

Agency No. A072-277-516

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted May 6, 2020
**

Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges.

Javier Bautista Ponce, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ 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.

*
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

MAY 13 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-71058
§ 1252. We review for substantial evidence the agency’s factual findings. Zehatye
v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for
review.
Substantial evidence supports the agency’s denial of CAT relief because
Bautista Ponce failed to show it is more likely than not he will be tortured by or
with the consent or acquiescence of the government if returned to Mexico. See
Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too
speculative); Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no
likelihood of torture).
We reject Bautista Ponce’s contentions that the agency failed to consider
evidence or otherwise erred in its analysis of his claim.
PETITION FOR REVIEW DENIED.