Juan Jose Acevedo-Alvarez v. ERIC H. HOLDER, Jr., Attorney General

12-72721Court of Appeals for the Ninth Circuit20.05.2014

Gesamter Gesetzestext

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN JOSE ACEVEDO-ALVAREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72721
Agency No. A094-372-990
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Juan Jose Acevedo-Alvarez, a native and citizen of Nicaragua, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for protection under
the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
FILED
MAY 20 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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§ 1252. We review for substantial evidence the agency’s denial of relief under
CAT, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the
petition for review.
Substantial evidence supports the agency’s denial of Acevedo-Alvarez’s
CAT claim because he failed to demonstrate it is more likely than not he would be
tortured by or with the consent or acquiescence of the Nicaraguan government if
returned. See id. at 1073; see also Go v. Holder, 640 F.3d 1047, 1054 (9th Cir.
2011) (concluding country reports and petitioner’s credible testimony were
insufficient to compel the conclusion that petitioner met his burden of proof for
CAT). Accordingly, Acevedo-Alvarez’s CAT claim fails.
PETITION FOR REVIEW DENIED.
12-72721 2

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