Filed: Sep. 21, 2016
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 21 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ERICK A. PALOMEQUE, No. 15-70373 Petitioner, Agency No. A072-231-945 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2016** Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges. Erick A. Palomeque, a native and citizen of El Salvador, petitions pro se
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 21 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ERICK A. PALOMEQUE, No. 15-70373 Petitioner, Agency No. A072-231-945 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2016** Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges. Erick A. Palomeque, a native and citizen of El Salvador, petitions pro se ..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERICK A. PALOMEQUE, No. 15-70373
Petitioner, Agency No. A072-231-945
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2016**
Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
Erick A. Palomeque, a native and citizen of El Salvador, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252; Alphonsus v. Holder,
705
F.3d 1031, 1036-37 (9th Cir. 2013). We review for substantial evidence the
agency’s factual findings, Zetino v. Holder,
622 F.3d 1007, 1012 (9th Cir. 2010),
and we deny the petition for review.
Palomeque raises no challenge to the agency’s conclusion that he is
ineligible for asylum. See Martinez-Serrano v. INS,
94 F.3d 1256, 1259 (9th Cir.
1996). Thus, we deny the petition for review as to Palomeque’s asylum claim.
Substantial evidence supports the BIA’s conclusion that Palomeque failed to
establish past persecution or a fear of future persecution on account of an
enumerated ground. See Parussimova v. Mukasey,
555 F.3d 734, 740 (9th Cir.
2009) (the REAL ID Act “requires that a protected ground represent ‘one central
reason’ for an asylum applicant’s persecution”). Thus, Palomeque’s withholding
of removal claim fails.
Finally, substantial evidence also supports the agency’s denial of CAT relief
because Palomeque failed to show it is more likely than not that he would be
tortured by the government of El Salvador, or with its consent or acquiescence.
See Silaya v. Mukasey,
524 F.3d 1066, 1073 (9th Cir. 2008). We reject
Palomeque’s contention that the BIA’s review was deficient. Thus, Palomeque’s
2 15-70373
CAT claim fails.
Finally, Palomeque’s request for a stay of removal is denied as unnecessary
because on July 29, 2015, the court granted his motion for a stay of removal
pending review.
PETITION FOR REVIEW DENIED.
3 15-70373