U.S. Court of Appeals for the Ninth Circuit, 2011

Juan Valdez v. Eric H. Holder Jr.

Juan Valdez v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided February 24, 2011 · Canby, Fernandez, Smith
415 F. App'x 842

Juan Valdez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Juan Valdez, a native and citizen of Guatemala, petitions for review of a Board of *843 Immigration Appeals’ order summarily affirming his appeal from an immigration judge’s (“IJ”) decision denying relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings. INS v. Elias-Za-carias, 502 U.S. 478, 481 & n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We deny the petition for review.

Valdez’s contention that the IJ failed to analyze his CAT claim under the “willful blindness” standard set forth in Zheng v. Ashcroft, 332 F.3d 1186 (9th Cir. 2003), is belied by the record. In addition, substantial evidence supports the IJ’s finding that Valdez has not demonstrated a likelihood of torture. See Santos-Lemus v. Muka-sey, 542 F.3d 738, 747-48 (9th Cir. 2008) (CAT relief denied where the petitioner’s feared torture would be at the hands of private individuals, there was no evidence the police knew the petitioner had been targeted or threatened, and the petitioner’s mother was living safely in El Salvador).

PETITION FOR REVIEW DENIED.

**

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

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