Epigmenio Rios-Sierra v. Loretta E. Lynch

Good Law
606 F. App'x 389
United States Court of Appeals for the Ninth CircuitJune 30, 201514-72503California289 words

Opinion

Opinion

MEMORANDUM

Epigmenio Rios-Sierra, 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 application for protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Alphonsus v. Holder, 705 F.3d 1031, 1036-37 (9th Cir.2013). We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and review de novo claims of due process violations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the BIA’s denial of Rios-Sierra’s CAT claim because Rios-Sierra did not establish it is more likely than not he will be tortured by or with the consent or acquiescence of the Mexican government. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir.2011). The record does not support Rios-Sierra’s contentions that the agency’s analysis was deficient. We reject Rios-Sierra’s contentions that the IJ did not allow him to present his claim and exhibited bias. See Lata v. INS, 204 F.3d 1241, 1246…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.