FILED

NOT FOR PUBLICATION DEC 27 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T O F AP PE ALS

FOR THE NINTH CIRCUIT JESUS ARQUIMEDES REYES, No. 09-72021

Petitioner, Agency No. A028-806-189 v.

MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.

Jesus Arquimedes Reyes, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

Substantial evidence supports the agency’s finding that Reyes failed to demonstrate the harm his family suffered was on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82 (1992). Accordingly, his asylum and withholding of removal claims fail. See id. at 484.

Substantial evidence also supports the agency’s conclusion that Reyes is not eligible for CAT relief because he failed to show it is more likely than not he would be tortured if removed to El Salvador. See Wakkary v. Holder, 558 F.3d. 1049, 1067-68 (9th Cir. 2009).

We decline to consider the evidence Reyes attached to his opening brief because our review is limited to the administrative record underlying the BIA’s decision. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc).

PETITION FOR REVIEW DENIED.

2 09-72021