NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 1 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE ALVAREZ-CASTRO, No. 14-70381
Petitioner, Agency No. A092-445-990
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2016**
Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.
We construe Jose Alvarez-Castro’s July 20, 2015 filing (Docket No. 31) as a
third motion for reconsideration of the court’s September 24, 2014 order denying
his request for a stay of removal, and we deny it as untimely. See 9th Cir. R. 27-
10.
*
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).
Alvarez-Castro, a native and citizen of Mexico, petitions pro se for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for relief under the
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
§ 1252. We review for substantial evidence the agency’s factual findings,
Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir. 2011), and we deny the
petition for review.
Substantial evidence supports the agency’s denial of Alvarez-Castro’s CAT
claim because he failed to establish it is more likely than not that he would be
tortured if returned to Mexico. See id. at 1114.
PETITION FOR REVIEW DENIED.
2 14-70381