Juan Alcaide-Saldivar v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN ALCAIDE-SALDIVAR,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-72066
Agency No. A205-052-985
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 8, 2021**
Before: CANBY, TASHIMA, and MILLER, Circuit Judges.
Juan Alcaide-Saldivar, 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 relief under the
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
* 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
NOV 15 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-72066
§ 1252. We review for substantial evidence the agency’s factual findings. Garcia-
Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for
review.
Substantial evidence supports the agency’s denial of Alcaide-Saldivar’s
CAT claim because he did not establish that it is more likely than not he would be
tortured by or with the consent or acquiescence of the government if returned to
Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); Delgado-Ortiz
v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (generalized evidence of violence
and crime in Mexico was not particular to the petitioners and insufficient to
establish eligibility for CAT relief).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.

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