FILED NOT FOR PUBLICATION JUL 29 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL ALEXANDER RODRIGUEZ, No. 10-71505 Petitioner, Agency No. A075-017-000 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 22, 2014** Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges. Michael Alexander Rodriguez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (“CAT”). We have jurisdiction 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. Rodriguez fears future persecution by his uncle because he disclosed his uncle’s abuse of Rodriguez and his siblings when they were children. Substantial evidence supports the BIA’s denial of Rodriguez’s withholding of removal claim. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution too speculative). Substantial evidence also supports the BIA’s denial of Rodriguez’s CAT claim because he failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the Guatemalan government. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). PETITION FOR REVIEW DENIED. 2 10-71505
Michael Rodriguez v. Eric Holder, Jr.
Court: Court of Appeals for the Ninth Circuit
Date filed: 2014-07-29
Citations: 584 F. App'x 357
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