NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 28 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT YALE AUGUSTINE, No. 19-70927 Petitioner, Agency No. A092-022-066 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 20, 2021** Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges. Yale Augustine, a native and citizen of Belize, petitions for review of the Board of Immigration Appeals order summarily affirming an immigration judge’s (“IJ”) decision finding him removable and denying his application for relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by * 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 dismiss in part and deny in part the petition for review. We lack jurisdiction to consider Augustine’s contention that the IJ erred in finding him removable. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to consider claims not raised to agency). Substantial evidence supports the agency’s denial of CAT relief because Augustine failed to show that it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Belize. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). We deny Augustine’s request for a remand so that he can apply for cancellation of removal. See Pereida v. Wilkinson, ––– U.S. ––––, 141 S.Ct. 754, 763 (2021). The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal (Docket Entry No. 1) is otherwise denied. PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 19-70927 19-70927 Court of Appeals for the Ninth Circuit ca9 9th Cir. Yale Augustine v. Merrick Garland 28 April 2021 Agency Unpublished 7ecf919aa3d48364c9f2accf336343d24cb70ee9
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