HERNANDEZ-CARRILLO V. GARLAND, No. 22-2008 (9th Cir. 2023)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 19 2023 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOSE ALFREDO HERNANDEZCARRILLO, Petitioner, U.S. COURT OF APPEALS No. 22-2008 Agency No. A095-749-080 MEMORANDUM* v. MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 10, 2023** Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges. Jose Alfredo Hernandez-Carrillo, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s decision denying his applications for asylum, * 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). withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review. Because Hernandez-Carrillo does not challenge the agency’s dispositive particularly serious crime determination, we do not address it. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013). Thus, we deny the petition for review as to his asylum and withholding of removal claims. Substantial evidence supports the agency’s denial of deferral of removal under CAT because Hernandez-Carrillo 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). Hernandez-Carrillo’s request for appointment of counsel contained in his opening brief is denied. PETITION FOR REVIEW DENIED. 2 22-2008

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