Iaroslav Zagorodnyi v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 21 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

IAROSLAV ZAGORODNYI, No. 19-73036

Petitioner, Agency No. A216-627-039 v.

MEMORANDUM* MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted January 19, 2022** Before: SILVERMAN, CLIFTON, and HURWITZ, Circuit Judges.

Iaroslav Zagorodnyi, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

§ 1252. We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Substantial evidence supports the agency’s denial of CAT relief because Zagorodnyi failed to show it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Ukraine. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative).

We reject as unsupported by the record Zagorodnyi’s contentions that the agency ignored evidence or otherwise erred in its analysis of his CAT claim.

Zagorodnyi’s challenge to the immigration court’s jurisdiction is foreclosed by Karingithi v. Whitaker, 913 F.3d 1158, 1159 (9th Cir. 2019), because he received a notice of hearing that included the time and date of the hearing.

PETITION FOR REVIEW DENIED.

2 19-73036