PEDRO MONTES-CHAVEZ V. MATTHEW WHITAKER, No. 14-71193 (9th Cir. 2018)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED DEC 19 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT PEDRO MONTES-CHAVEZ, Petitioner, No. U.S. COURT OF APPEALS 14-71193 Agency No. A073-828-939 v. MEMORANDUM* MATTHEW G. WHITAKER, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 17, 2018** Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges. Pedro Montes-Chavez, 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 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). jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. Substantial evidence supports the BIA’s conclusion that Montes-Chavez failed to establish past persecution or fear of future persecution on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1015-16 (9th Cir. 2010). Thus, Montes-Chavez’s asylum and withholding of removal claims fail. Substantial evidence also supports the agency’s denial of CAT relief because Montes-Chavez failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the Mexican government. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). PETITION FOR REVIEW DENIED. 2 14-71193

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