NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

MARVIN GEOVANY LE YV A

MARTINEZ, Petitioner,

v. MERRICK B. GARLAND, Attorney General, Respondent. No. 17

- 71072 Agency No. A097

- 543

- 682

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 14, 2022 * * Pasadena, California Before: BENNETT and KOH, Circuit Judges, and KATZMANN, ** * Judge. Marvin Leyva

- Martinez (“ Petitioner ”), a native and citizen of Honduras, petitions for review of the denial of his applications for withholding of removal

* 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).

*** The Honorable Gary S. Katzmann, Judge for the United States Court of International Trade, sitting by designation

. 

# FILED

JUL 18 2022
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2

and protection under the Convention Against Torture (“CAT”) . We have jurisdiction under 8 U.S.C. § 1252 and deny the petition.
Petitioner ent ered the United States in 2004

. In February 2013, Petitioner

was arrested for, and later convicted of, aiding and abetting an exhibition of speed
in violation of California law. Following thi s conviction, the Department of Homeland Security initiated rem oval proceedings against Petitioner

. Petitioner conceded removability and applied for asylum , withholding of removal , and CAT protection on October 7, 2014. In his application, Petitioner stated that he feared returning to Honduras because he was afraid of his former gang, Mara Salvatrucha (“MS”) , which he had “abandon[ed].” Sometime in 2014, after removal proceedings began, Petitioner received a prominent face tattoo with the letters “MS” on his upper lip. On November 29, 2016, Petitioner submitted a second application for asylum, withholding of removal, and CAT protection. In his second application, Petitioner stated that he was not in the MS gang anymore , and that he feared returning t o Honduras because of his visible gang tattoos

. An immigration judge (“IJ”) conducted a merits hearing on November 30,
2016

. At the merits hearing, Petitioner admitted that he lied i n his application for asylum, withholding of removal, and CAT protection about being a former gang
member. Petitioner admitted that he was a current MS gang member.3

On November 30, 2016, the IJ denied Petitioner ’s application for asylum, withholding of removal, and CAT protection. The IJ determined that Petitioner
was not a credible witness because he lied about his gang membership statu s
. The
IJ denied Petitioner ’s applications for asylum and withholding of removal because
Peti ti oner ’s testimony, which constituted the primary bas e s for his claims for asylum and withholding of removal, was not credible

. The IJ also denied
Petitioner ’s application for CAT protection b ecause Petitioner did not present sufficient evidence to establish that he would more likely than not be tortured because of his gang

- related tattoos upon his return to Honduras. On April 4, 2017, the Board of Immigration Appeals (“BIA”) agreed with the I J’s decision. Before this court, Petitioner challenges only the IJ and BIA’s decisions regarding his entitlement to withholding of removal and CAT protection.
1. Petitioner is not entitled to withholding of removal because the IJ’s adverse credibility dete rmination is supported by substantial evidence. To qualify for withholding of removal, an applicant must show a “ ‘ clear probability ’ of future persecution.” Garcia v. Holder , 749 F.3d 785, 792 (9th Cir. 2014) (quot ing
Alvarez

- Santos v. INS , 332 F.3d 1245, 1255 (9th Cir. 2003) ). “That persecution must be apparent from objective evidence.” Id. A petitioner carries the burden of persuading the fact finder that the evidence offered is credible. Id. Under our case law, lying to immigration authorities during removal4

proceedings is evidence that supports an IJ’s adverse credibility determination. Singh v. Holder , 643 F.3d 1178, 11 81 (9 th Cir. 2011)

. Petitioner admitted that he
lie d

. Without credible testimony, Petitioner cannot carry his burden to pro ve he is entitled to withholding of removal. See Garcia , 749 F.3d at 792. Ther efore, the IJ and BIA’s decision deny ing Petitioner withholding of removal is supported by
substantial evidence. 1
2. Petitioner is not entitled to CAT protection because the I J and BIA’s
decisions are supported by substantial evidence

. To be entitled to CAT protection, a noncitizen is required to demonstrate to the IJ and BIA that it is “more likely than not that he or she would be tortured if removed to the proposed country o f removal.” 8 C.F.R. § 1208.16(c)(1) & (2). To carry his burden, Petitioner cites only the country report for Honduras
and one “travel warning” from the Department of State. Both documents state that there is some police corruption and gang violence, but the country report also
states that Honduran law enforcement is attempting to combat gang violence and police corruption. Neither document provide s evidence that people with gang tattoos, l ike Petitioner, will face high risk of torture. Instead, Petitioner’s evidence

1 Petitioner also challenges the IJ and BIA’s determination that he failed to show a clear probability that his life or freedom would be threatened on account o f a protected ground. We need not address this argument because we affirm IJ and BIA’s advers e credibility determination.5

shows only generalized corruption and gang violence. Under our precedent, “[g]eneralized evidence of violence in a country is itself insufficient to establish that anyone in t he government would acquiesce to a petitioner’s torture.” B.R. v.
Garland , 26 F. 4th 827, 845 ( 9th Cir. 2022) (citations omitted)

. Petitioner’s
evidence does not support a finding that he will more likely than not be tortured if
removed to Honduras. Ther efore, the IJ and BIA’s decisions are supported by
substantial evidence.
PETITION DENIED.