NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 15 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGORIO VALENZUELA TORRES, No. 21-70094
Petitioner, Agency No. A072-900-211
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2022**
Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.
Gregorio Valenzuela Torres, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) decision denying his applications for
asylum, withholding of removal, relief under the Convention Against Torture
*
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).
(“CAT”), and adjustment of status. Our jurisdiction is governed by 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), and we review de novo
claims of due process violations in immigration proceedings, Simeonov v. Ashcroft,
371 F.3d 532, 535 (9th Cir. 2004). We deny in part and dismiss in part the petition
for review.
In his opening brief, Valenzuela Torres does not contend that the BIA erred
in finding he waived any challenge to the IJ’s dispositive determinations that his
conviction under California Penal Code § 288(a) was an aggravated felony and a
particularly serious crime that renders him ineligible for asylum and withholding of
removal. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013)
(concluding petitioner waived challenge to issue not specifically raised and argued
in his opening brief). Valenzuela Torres’s challenges to the validity of his
conviction are not properly before this court. See Ramirez-Villalpando v. Holder,
645 F.3d 1035, 1041 (9th Cir. 2011) (“A petitioner may not collaterally attack his
state court conviction on a petition for review of a BIA decision.”). Thus,
Valenzuela Torres’s asylum and withholding of removal claims fail.
In light of this disposition, we do not reach Valenzuela Torres’s contentions
as to the merits of his asylum and withholding of removal claims. See Simeonov,
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371 F.3d at 538 (stating that courts and agencies are not required to decide issues
unnecessary to the results they reach).
Substantial evidence supports the agency’s denial of CAT relief because
Valenzuela Torres failed to show it is more likely than not he would be tortured by
or with the consent or acquiescence of the government if returned to Mexico. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
We lack jurisdiction to review the agency’s discretionary denial of
adjustment of status because Valenzuela Torres does not raise a colorable
constitutional claim or question of law. See 8 U.S.C. § 1252(a)(2)(B), (D);
Monroy v. Lynch, 821 F.3d 1175, 1177-78 (9th Cir. 2016) (stating that
disagreement with the agency’s weighing of equities does not raise a colorable
question of law).
The BIA did not err in concluding that Valenzuela Torres failed to establish
the IJ violated his right to due process by ignoring evidence or exhibiting bias. See
Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to
prevail on a due process claim).
PETITION FOR REVIEW DENIED, in part; DISMISSED, in part.
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