NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 25 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARMANDO MUNOZ RODRIGUEZ, AKA No. 19-71109 Armando Rodriguez, Agency No. A092-433-225 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 18, 2021** Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges. Armando Munoz Rodriguez, 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 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. 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 deferral of removal under CAT because Munoz Rodriguez failed to show 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 Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (claims of possible torture speculative); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (“generalized evidence of violence and crime” was not particular to petitioners and was insufficient to meet CAT standard). The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal is otherwise denied. PETITION FOR REVIEW DENIED. 2 19-71109 19-71109 Court of Appeals for the Ninth Circuit ca9 9th Cir. Armando Munoz Rodriguez v. Merrick Garland 25 May 2021 Agency Unpublished dd9c075bedcb629e22e19dbe693490049ceeb6a5
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