From Casetext: Smarter Legal Research

Marin-Molina v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 25, 2014
581 F. App'x 670 (9th Cir. 2014)

Opinion

No. 12-72617 Agency No. A078-085-700

06-25-2014

JOSUE MARIN-MOLINA, a.k.a. Joshue Marin Molina, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.

Josue Marin-Molina, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' 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 under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Singh v. Gonzales, 439 F.3d 1100, 1113 (9th Cir. 2006), and we deny the petition for review.

Marin-Molina does not claim he was tortured in the past, but fears torture in Mexico primarily due his grandfather's anti-drug activities as municipal president over 20 years ago, and because he has tattoos. Substantial evidence supports the agency's denial of Marin-Molina's CAT claim because he failed to establish it is more likely than not he would be tortured if returned to Mexico. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (concluding the record did not compel reversal of the agency's denial of CAT where the petitioner's claims of possible torture remained speculative). We reject Marin-Molina's contentions that the agency ignored evidence, see Almaghzar v. Gonzales, 457 F.3d 915, 922 (9th Cir. 2006), or otherwise erred in analyzing his claim.

PETITION FOR REVIEW DENIED.


Summaries of

Marin-Molina v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jun 25, 2014
581 F. App'x 670 (9th Cir. 2014)
Case details for

Marin-Molina v. Holder

Case Details

Full title:JOSUE MARIN-MOLINA, a.k.a. Joshue Marin Molina, Petitioner, v. ERIC H…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jun 25, 2014

Citations

581 F. App'x 670 (9th Cir. 2014)