Santiago Osorio-Avila v. Loretta E. Lynch

MEMORANDUM

Santiago Osorio-Avila, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review any challenge Osorio-Avila makes to the IJ’s past persecution finding because he did not distinctly raise the issue to the BIA. Alvarado v. Holder, 759 F.3d 1121 , 1127 n.5 (9th Cir. 2014) (requiring issue exhaustion).

Substantial evidence supports the BIA’s finding that Osorio-Avila failed to establish a clear probability of future persecution if he returns to Mexico. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility, of future persecution “too speculative”). Thus, we deny the petition for review as to Osorio-Avila’s withholding of removal claim.

Substantial evidence also supports the BIA’s…