NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERTO GERARDO MEDINA No. 17-72817 MARVILLA, Agency No. A091-663-741 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 19, 2021** Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges. Roberto Gerardo Medina Marvilla, 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 (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture * 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). (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo the agency’s legal conclusions and we review for substantial evidence the agency’s factual findings. Bringas-Rodriguez v. Sessions, 850 F.3d 1051, 1059 (9th Cir. 2017) (en banc). We dismiss in part and deny in part the petition for review. To the extent Medina Marvilla challenges the IJ’s removability determination, we lack jurisdiction to consider it. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to consider claims not raised to BIA). Because Medina Marvilla was found removable due to his conviction related to a controlled substance, our jurisdiction to review the agency’s particularly serious crime determination is limited to colorable constitutional claims and questions of law. See 8 U.S.C. § 1252(a)(2)(C)-(D); Pechenkov v. Holder, 705 F.3d 444, 448-49 (9th Cir. 2012). We reject Medina Marvilla’s contention that the agency misapplied the law or otherwise erred in its particularly serious crime determination, where the agency relied on appropriate factors and conducted a case-specific inquiry. See Flores-Vega v. Barr, 932 F.3d 878, 884 (9th Cir. 2019) (“[W]e lack jurisdiction over the BIA’s ultimate determination that [petitioner] committed a particularly serious crime . . . . But we retain jurisdiction to determine whether the BIA applied the correct legal standard.” (internal citation and quotation marks omitted)); Miguel-Miguel v. Gonzales, 500 F.3d 941, 949 (9th Cir. 2 17-72817 2007) (recognizing the “strong presumption” that drug trafficking offenses are particularly serious crimes and discussing the factors a petitioner must demonstrate to rebut that presumption). We lack further jurisdiction to consider Medina Marvilla’s contentions concerning the agency’s conclusion that his conviction is a particularly serious crime. See Flores-Vega, 932 F.3d at 884. Thus, Medina Marvilla’s asylum and withholding of removal claims fail. See 8 U.S.C. §§ 1158(b)(2)(A)(ii), 1231(b)(3)(B)(ii); 8 C.F.R. § 1208.16(d)(2). Substantial evidence supports the agency’s denial of deferral of removal under CAT because Medina Marvilla 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 Aden v. …
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