NOT FOR PUBLICATION FILED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