Carlos Gonzalez-Melgoza v. Robert Wilkinson

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CARLOS GONZALEZ-MELGOZA, No. 15-73126 Petitioner, Agency No. A092-452-646 v. MEMORANDUM* ROBERT M. WILKINSON, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 20, 2021** Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges. 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 judge’s decision denying his application for deferral of removal 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). § 1252. We review for substantial evidence the agency’s factual findings. Garcia- Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review. Substantial evidence supports the agency’s denial of Gonzalez-Melgoza’s 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. 2 15-73126 15-73126 Court of Appeals for the Ninth Circuit ca9 9th Cir. Carlos Gonzalez-Melgoza v. Robert Wilkinson 22 January 2021 Agency Unpublished ffc014073496b64cc7bba673767b0df294f7f15a

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