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

Roberto Montano De Jesus v. Eric Holder, Jr.

Roberto Montano De Jesus v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided June 7, 2011 · Pregerson, Thomas, Paez
437 F. App'x 536

Roberto Montano De Jesus v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Roberto Montano de Jesus, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying deferral of removal under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Lemus-Galvan v. Mukasey, 518 F.3d 1081, 1084 (9th Cir. 2008), and we deny the petition for review.

Substantial evidence supports the agency’s denial of deferral of removal because Montano de Jesus did not establish it is more likely than not he would be tortured if returned to El Salvador. See 8 C.F.R. §§ 1208.16(c)(2), 1208.17(a) (deferral of removal requires alien to show it is more likely than not he would be tortured).

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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