JAVIER BAUTISTA PONCE V. WILLIAM BARR, No. 19-71058 (9th Cir. 2020)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED MAY 13 2020 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JAVIER BAUTISTA PONCE, AKA Javier Bautista Chavez, AKA Luis Chavez Jiminez, Petitioner, No. U.S. COURT OF APPEALS 19-71058 Agency No. A072-277-516 MEMORANDUM* v. WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 6, 2020** Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges. Javier Bautista Ponce, a native and citizen of Mexico, petitions pro se 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). § 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 denial of CAT relief because Bautista Ponce 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 Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative); Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture). We reject Bautista Ponce’s contentions that the agency failed to consider evidence or otherwise erred in its analysis of his claim. PETITION FOR REVIEW DENIED. 2 19-71058

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