Enrique Doque-Lorenzana v. Loretta E. Lynch

MEMORANDUM

Jorge Antonio Luna-Bautista, 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 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, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the petition for review.

Substantial evidence supports the BIA’s determination that Luna-Bautista failed to establish a fear of future persecution on account of a protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir. 2008) (under the REAL ID Act, an applicant must prove a protected ground is at least “one central reason” for persecution). Thus, Luna-Bautista’s withholding of removal claim fails. See Zetino v. Holder, 622 F.3d 1007, 1015-16 (9th Cir. 2010).

Substantial evidence also supports the BIA’s denial of Luna-Bautista’s CAT claim because he failed to demonstrate it is more likely than not he would be tortured by or with the consent or acquiescence of a public…