Opinion
No. 12-72904 Agency No. A079-245-069
04-22-2013
GEORGY ALEXY GIGILASHVILI, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Georgy Alexy Gigilashvili, a native and citizen of Georgia, petitions pro se for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir. 2003), and we deny the petition for review.
Gigilashvili does not challenge the IJ's dispositive finding that his application for asylum was untimely.
Gigilashvili fears persecution as a Jehovah's Witness. Substantial evidence supports the agency's finding that, even though Gigilashvili suffered past persecution, the government rebutted the presumption of a well-founded fear of future persecution with evidence of a fundamental change in circumstances in Georgia and evidence that he can reasonably relocate. See id. at 998-1000; 8 C.F.R. § 1208.13(b)(1)(i)(A), (b)(2)(ii). Accordingly, Gigilashvili's withholding of removal claim fails.
Finally, substantial evidence also supports the agency's denial of CAT relief because Gigilashvili failed to establish that it is more likely than not he will be tortured by or with the acquiescence of the government of Georgia. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
Gigilashvili's remaining contentions are unpersuasive.
PETITION FOR REVIEW DENIED.