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Juan Martinez v. Jefferson Sessions, III
17-71543
9th Cir.
Oct 26, 2018
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Docket

*1 Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

Juan Carlos Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 *2 under 8 U.S.C. § 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 BIA’s denial of deferral of removal under CAT because Martinez failed to show that it is more likely than not that he would be tortured if returned to El Salvador. See Zheng v. Holder , 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative).

We reject Martinez’s claim that the IJ violated his due process rights. See Larita-Martinez v. INS , 220 F.3d 1092, 1096 (9th Cir. 2000) (no due process violation where there is no error).

PETITION FOR REVIEW DENIED.

2 17-71543

[*] 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).

Case Details

Case Name: Juan Martinez v. Jefferson Sessions, III
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 26, 2018
Docket Number: 17-71543
Court Abbreviation: 9th Cir.
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