NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 6 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FERNANDO PEREZ SILVA, No. 18-70900
Petitioner, Agency No. A090-549-419
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 3, 2020**
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
Fernando Perez Silva, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his applications for withholding of
removal and relief under the Convention Against Torture (“CAT”). Our
jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law
*
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).
and claims of due process violations, and review for substantial evidence the
agency’s factual findings. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir.
2014). We deny in part and dismiss in part the petition for review.
Perez Silva’s contention that the IJ lacked jurisdiction over proceedings is
foreclosed by Karingithi v. Whitaker, 913 F.3d 1158, 1160 (9th Cir. 2019).
We lack jurisdiction to review the agency’s discretionary determination that
Perez Silva’s conviction constitutes a particularly serious crime that bars
withholding of removal. See 8 U.S.C. § 1252(a)(2)(C); Pechenkov v. Holder, 705
F.3d 444, 448 (9th Cir. 2012) (no jurisdiction to review particularly serious crime
determination where there is no assertion of legal or constitutional error and the
only challenge is that the IJ incorrectly weighed the facts).
Substantial evidence supports the agency’s denial of CAT relief where Perez
Silva did not establish that it was more likely than not that he would be tortured in
Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (speculative
possibility of torture does not establish eligibility for CAT relief).
Perez Silva’s due process claim fails because he has not established
prejudice from the alleged violation. See Padilla-Martinez, 770 F.3d at 830
(requiring prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 18-70900