FILED
NOT FOR PUBLICATION FEB 14 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALEJANDRO CORDERO-PONCE, No. 11-70784
Petitioner, Agency No. A096-460-069
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013 **
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Alejandro Cordero-Ponce, 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 relief under the
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1252. We review for substantial evidence the factual findings underlying the
agency’s determination that an applicant is not eligible for CAT protection, Silaya
v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the petition for
review.
Substantial evidence supports the agency’s denial of Cordero-Ponce’s CAT
claim because he failed to show it is more likely than not that he will be tortured if
returned to Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011)
(claim of possible torture speculative).
PETITION FOR REVIEW DENIED.
2 11-70784