NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 1 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EFRAIN RAMIRO ROMERO, No. 20-72300 Petitioner, Agency No. A072-900-374 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 21, 2021** Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges. Efrain Ramiro Romero, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for deferral of removal under the Convention Against Torture (“CAT”). We have jurisdiction under * 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). 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 review de novo claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review. Substantial evidence supports the agency’s denial of deferral of removal under the CAT because Romero 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 Colombia. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative). Romero’s contentions that the IJ failed to consider all relevant evidence and misstated facts fail as unsupported by the record. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (the agency need not write an exegesis on every contention); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process claim). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 20-72300 20-72300 Court of Appeals for the Ninth Circuit ca9 9th Cir. Efrain Romero v. Merrick Garland 1 July 2021 Agency Unpublished c54cee83b55ff2534e45471127618ffa03f5aeac
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