Alejandro Tinoco Martinez v. Eric Holder, Jr.

MEMORANDUM

Alejandro Antonio Tinoco Martinez, 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s conclusion that Tinoco Martinez did not establish past persecution based on his experiences in Mexico. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir. 2003). In addition, substantial evidence supports the agency’s conclusion that Tino-co Martinez failed to establish a clear probability of future persecution. See id. at 1018 (possibility of future persecution too speculative). Accordingly, Tinoco Martinez’s withholding of removal claim fails.

Substantial evidence also supports the agency’s denial of CAT relief because Ti-noco Martinez did not establish a likelihood of being tortured in Mexico. See Wakkary v.…