NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 26 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN CARLOS MARTINEZ, AKA Tako No. 17-71543 Unknown, Agency No. A090-038-739 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 22, 2018** 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 * 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). 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 17-71543 Court of Appeals for the Ninth Circuit ca9 9th Cir. Juan Martinez v. Jefferson Sessions, III 26 October 2018 Agency Unpublished a925647f780843c6da2134cc88cb56acdcb9f563
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