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GONZALEZ MELGOZA v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.2021-01-22No. No. 15-73126

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Opinion

MEMORANDUM **

Carlos Gonzalez-Melgoza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judges decision denying his application for deferral of removal under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agencys factual findings. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agencys denial of Gonzalez-Melgozas CAT claim because he did not establish that it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Mexico. See id. at 1033-35 (concluding that petitioner did not establish the necessary state action for CAT relief); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (generalized evidence of violence and crime in Mexico was not particular to the petitioner and insufficient to establish eligibility for CAT relief).

PETITION FOR REVIEW DENIED.