437 F. App'x 536

Roberto MONTANO DE JESUS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-70716.

United States Court of Appeals, Ninth Circuit.

Submitted May 24, 2011.*

Filed June 7, 2011.

Roberto Montano De Jesus, San Lean-dro, CA, pro se.

Jeffrey Lawrence Menkin, OIL, DOJ-U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

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.

de Jesus v. Holder
437 F. App'x 536

Case Details

Name
de Jesus v. Holder
Decision Date
Jun 7, 2011
Citations

437 F. App'x 536

Jurisdiction
United States

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