JUAN CORONEL, AKA Juan Coronel Garcia v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN CORONEL, AKA Juan Coronel
Garcia,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-73613
Agency No. A070-056-683
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Juan Coronel, 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 deferral of removal under the
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAR 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. §
1252. We review for substantial evidence the agency’s factual findings. Delgado
v. Holder, 648 F.3d 1095, 1108 (9th Cir. 2011). We review de novo claims of due
process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738
(9th Cir. 2014). We deny the petition for review.
Substantial evidence supports the agency’s denial of deferral of removal
under the CAT because Coronel failed to show it is more likely than not he will be
tortured by or with the consent or acquiescence of the government of Mexico. See
8 C.F.R. § 1208.16(c)(2); Arteaga v. Mukasey, 511 F.3d 940, 948 (9th Cir. 2007).
We reject as unsupported by the record Coronel’s contentions that the
agency did not use the correct legal standard and erred in its analysis. See Lata v.
INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due
process claim).
The government’s motion to expedite adjudication and vacate the stay of
removal is denied. The temporary stay of removal will terminate upon issuance of
the mandate.
PETITION FOR REVIEW DENIED.

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