JUAN MARTINEZ V. JEFFERSON SESSIONS, III, No. 17-71543 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION OCT 26 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JUAN CARLOS MARTINEZ, AKA Tako Unknown, No. U.S. COURT OF APPEALS 17-71543 Agency No. A090-038-739 Petitioner, MEMORANDUM* v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 22, 2018** Before: SILVERMAN, GRABER, and GOULD, Circuit Judges. Juan Carlos Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for deferral of removal under the Convention Against Torture (“CAT”). We have jurisdiction * 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). 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 BIA’s denial of deferral of removal under CAT because Martinez failed to show that it is more likely than not that he would be tortured if returned to El Salvador. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative). We reject Martinez’s claim that the IJ violated his due process rights. See Larita-Martinez v. INS, 220 F.3d 1092, 1096 (9th Cir. 2000) (no due process violation where there is no error). PETITION FOR REVIEW DENIED. 2 17-71543

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