NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 31 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RIGOBERTO RODRIGUEZ-GUTIERREZ, No. 16-71205
AKA Rogoberto Rodriguez-Gutierrez, AKA
Ruberto Rodriguez-Gutierrez, Agency No. A095-286-683
Petitioner,
MEMORANDUM*
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 23, 2017**
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges.
Rigoberto Rodriguez-Gutierrez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for relief
*
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 the Convention Against Torture (“CAT”). We have jurisdiction under 8
U.S.C. § 1252. We review for substantial evidence the agency’s factual findings.
Go v. Holder, 640 F.3d 1047, 1052 (9th Cir. 2011). We deny the petition for
review.
Substantial evidence supports the agency’s denial of Rodriguez-Gutierrez’s
CAT claim because, even if credible, he failed to establish it is more likely than not
that he would be tortured by or with the consent or acquiescence of the government
if returned to Mexico. See id. at 1054 (record evidence insufficient to compel
conclusion that petitioner was more likely than not to be tortured); Zheng v.
Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (fear of torture speculative).
We do not address Rodriguez-Gutierrez’s contention regarding the IJ’s
particularly serious crime finding because the BIA expressly declined to reach this
finding.
We reject Rodriguez-Gutierrez’s contention that the agency failed to
consider record evidence.
PETITION FOR REVIEW DENIED.
2 16-71205