United States v. 2017-10-23 | 14-72276 | MICHAEL YOUNG SANG V. JEFFERSON SESSIONS | nonprecedential |…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL W. YOUNG SANG, ) No. 14-72276
)
Petitioner, ) Agency No. A072-910-349
)
v. ) MEMORANDUM*
)
JEFFERSON B. SESSIONS III, )
Attorney General, )
)
Respondent. )
)
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 4, 2017**
Pasadena, California
Before: FERNANDEZ, RAWLINSON, and N.R. SMITH, Circuit Judges.
Michael Wayne Young Sang, a native and citizen of Jamaica, petitions for
review of the Board of Immigration Appeals’ (BIA) denial of his application for
FILED
OCT 23 2017
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 finds this case suitable for decision without oral
argument. Fed. R. App. P. 34(a)(2).

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deferral of removal under the Convention Against Torture (CAT)1. We deny the
petition.
Young Sang argues that the BIA’s determination that he was not entitled to
deferral of removal2 is not supported by substantial evidence.3 However, we must
uphold the BIA’s factual findings unless the record compels a contrary conclusion.
See INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1, 112 S. Ct. 812, 815 n.1, 117 L.
Ed. 2d 38 (1992); Del Cid Marroquin v. Lynch, 823 F.3d 933, 937 (9th Cir. 2016)
(per curiam). Young Sang would have to demonstrate “that the evidence he
presented was so compelling that no reasonable factfinder could fail to find” that it
was more likely than not that he would be subjected to torture in Jamaica. Elias-
Zacarias, 502 U.S. at 483–84, 112 S. Ct. at 817; see also Lanza, 389 F.3d at 936.
We have carefully reviewed the record and we are satisfied that Young Sang
cannot meet that standard. In order to do so he would have to show that the
evidence compelled the determination that it was “more likely than not that he . . .
would be tortured if removed” to Jamaica. See 8 C.F.R. §§ 1208.16(c)(2),
1United Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, adopted Dec. 10, 1984, S. Treaty Doc. No.
100-20 (1988), 1465 U.N.T.S. 85, implemented at 8 C.F.R. § 1208.18.
2See 8 C.F.R. § 1208.17(a).
3See Lanza v. Ashcroft, 389 F.3d 917, 936 (9th Cir. 2004).
2

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1208.17(a); see also Ahmed v. Keisler, 504 F.3d 1183, 1200 (9th Cir. 2007). That
he has not done.
“Torture is an extreme form of cruel and inhuman treatment . . . .” 8 C.F.R.
§ 1208.18(a)(2). The evidence here does not compel a determination that Young
Sang suffered that degree of harm in the past. See Nuru v. Gonzales, 404 F.3d
1207, 1217 (9th Cir. 2005). He did show that he suffered some physical harm, but
not to a degree bespeaking torture. See e.g., Ahmed, 504 F.3d at 1200–01; Kumar
v. Gonzales, 444 F.3d 1043, 1047–49, 1055–56 (9th Cir. 2006). Nor does the
evidence compel a determination that Young Sang would more likely than not be
tortured in the future. It is not sufficient to show evidence of generalized violence4
and of some police brutality,5 and Young Sang did not establish “that [he] would
face any particular threat of torture.”6 Moreover, while the Jamaican government
may not always be successful in prosecuting perpetrators of violence, that does not
compel a determination that the government consents to or acquiesces in the
violence. See 8 C.F.R. § 1208.18(a)(1); see also Del Cid Marroquin, 823 F.3d at
937.
Petition DENIED.
4See Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (per
curiam)
5See Lanza, 389 F.3d at 936.
6Dhital v. Mukasey, 532 F.3d 1044, 1051–52 (9th Cir. 2008) (per curiam).
3

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