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Crisoforo Garcia-Feria v. Loretta E. Lynch
667 F. App'x 915
| 9th Cir. | 2016
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*1 Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.

Crisoforo Anselmo Garcia-Feria, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for protection *2 under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Blandino-Medina v. Holder , 712 F.3d 1338, 1348 (9th Cir. 2013), and we review de novo due process claims, Sandoval-Luna v. Mukasey , 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.

Substantial evidence supports the agency’s denial of Garcia-Feria’s CAT claim because he failed to establish it is more likely than not he would be tortured if returned to Mexico. See Blandino-Medina , 712 F.3d at 1348 (affirming denial of CAT relief where the petitioner “merely presented a series of worst-case scenarios”); Alphonsus v. Holder , 705 F.3d 1031, 1049 (9th Cir. 2013) (despite troubling country report, record did not compel the conclusion that petitioner would more likely than not be tortured). We reject Garcia-Feria’s contentions that the BIA mischaracterized or failed to consider relevant evidence, failed to provide a reasoned explanation for how it weighed the evidence, or applied an incorrect legal standard to his claim. See Lata v. INS , 204 F.3d 1241, 1246 (9th Cir. 2000) (petitioner must establish error to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

2 14-73412

[*] 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: Crisoforo Garcia-Feria v. Loretta E. Lynch
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 4, 2016
Citation: 667 F. App'x 915
Docket Number: 14-73412
Court Abbreviation: 9th Cir.
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