Martin Carmona-Anaya v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTIN CARMONA-ANAYA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 16-70415
Agency No. A200-245-342
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2022**
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
Martin Carmona-Anaya, 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 asylum, withholding of
removal, and relief under the Convention Against Torture (“CAT”). We have
* 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
JUN 23 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.
2006). We deny the petition for review.
Substantial evidence supports the agency’s determination that Carmona-
Anaya failed to establish an objectively reasonable fear of future persecution in
Mexico. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of
future persecution “too speculative”). Thus, Carmona-Anaya’s asylum claim fails.
In this case, because Carmona-Anaya failed to establish eligibility for
asylum, he failed to establish eligibility for withholding of removal. See Zehatye,
453 F.3d at 1190.
Substantial evidence supports the agency’s denial of CAT relief because
Carmona-Anaya failed to show it is more likely than not he will 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); see also Wakkary v. Holder,
558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture).
PETITION FOR REVIEW DENIED.

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