Juan Lopez Napoles v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 15 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN LOPEZ NAPOLES, AKA Juan No. 16-73887 Napoles, Agency No. A070-146-317 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 12, 2018** Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges. Juan Lopez Napoles, 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 withholding of removal and relief 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. Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011). We deny the petition for review. Substantial evidence supports the agency’s conclusion that Lopez Napoles did not establish the harm he experienced or fears was or will be on account of a protected ground. See id. at 1098 (quoting Matter of C-A-, 23 I. & N. Dec. 951, 958-59 (BIA 2006)) (“[I]f a former police officer [is] singled out for reprisal, not because of his status as a former police officer, but because of his role in disrupting particular criminal activity, he [is] not . . . considered, without more, to have been targeted as a member of a particular social group.”). Substantial evidence also supports the agency’s denial of CAT relief because Lopez Napoles failed to establish it is more likely than not he will be tortured with the consent or acquiescence of the government of Mexico. See id. PETITION FOR REVIEW DENIED. 2 16-73887 16-73887 Court of Appeals for the Ninth Circuit ca9 9th Cir. Juan Lopez Napoles v. Jefferson Sessions 15 June 2018 Agency Unpublished 88630c1410c88cba1fa48e6548ef0bc0866376fa

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals