Jose Cruz v. Loretta E. Lynch

Ninth Circuit

Jose Cruz v. Loretta E. Lynch

637 F. App'x 473

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 2, 2016

Docket13-71594

StatusUnpublished

This text of 637 F. App'x 473 (Jose Cruz v. Loretta E. Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jose Cruz v. Loretta E. Lynch, 637 F. App'x 473 (9th Cir. 2016).

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Opinion

MEMORANDUM **

Jose Leyva Cruz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his appli *474 cation for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-84 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s conclusion that even if Leyva Cruz had established past persecution, a showing of changed conditions in Guatemala rebutted any presumption of a well-founded future fear of persecution. See Sowe v. Mukasey, 538 F.3d 1281, 1286 (9th Cir. 2008) (substantial evidence supported agency’s conclusion that changed country conditions rebutted presumption of a well-founded fear). Thus, we deny the petition as to Leyva Cruz’s asylum claim.

Because Leyva Cruz failed to establish eligibility for asylum, his withholding of removal claim necessarily fails. See Zehatye, 453 F.3d at 1190 (petitioner’s burden of proof for withholding of removal is more demanding than asylum).

Substantial evidence also supports the agency’s denial Of CAT relief because Ley-va Cruz did not establish it is more likely than not he would be tortured at the instigation of, or with the acquiescence of, the Guatemalan government. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

We reject Leyva Cruz’s contention that the BIA erred in refusing his request for a remand.

Finally, Leyva Cruz did not raise a constitutional or legal claim regarding the agency’s denial of voluntary departure, and we therefore lack jurisdiction to review that discretionary determination. See 8 U.S.C. § 1229c(f); see also Esquivel-Garcia v. Holder, 593 F.3d 1025, 1030 (9th Cir.2010).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM **

Jose Leyva Cruz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his appli *474 cation for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-84 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s conclusion that even if Leyva Cruz had established past persecution, a showing of changed conditions in Guatemala rebutted any presumption of a well-founded future fear of persecution. See Sowe v. Mukasey, 538 F.3d 1281, 1286 (9th Cir. 2008) (substantial evidence supported agency’s conclusion that changed country conditions rebutted presumption of a well-founded fear). Thus, we deny the petition as to Leyva Cruz’s asylum claim.

Because Leyva Cruz failed to establish eligibility for asylum, his withholding of removal claim necessarily fails. See Zehatye, 453 F.3d at 1190 (petitioner’s burden of proof for withholding of removal is more demanding than asylum).

Substantial evidence also supports the agency’s denial Of CAT relief because Ley-va Cruz did not establish it is more likely than not he would be tortured at the instigation of, or with the acquiescence of, the Guatemalan government. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

We reject Leyva Cruz’s contention that the BIA erred in refusing his request for a remand.

Finally, Leyva Cruz did not raise a constitutional or legal claim regarding the agency’s denial of voluntary departure, and we therefore lack jurisdiction to review that discretionary determination. See 8 U.S.C. § 1229c(f); see also Esquivel-Garcia v. Holder, 593 F.3d 1025, 1030 (9th Cir.2010).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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