Opinion
No. 07-74119 Agency No. A035-342-313
2013-10-22
JESUS LEMUS-EVERADO, a.k.a. Everado De Jesus Lemus, 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NOT FOR PUBLICATION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
Argued and Submitted October 9, 2013
Pasadena, California
Before: PAEZ and HURWITZ, Circuit Judges, and ERICKSON, Chief District Judge.
The Honorable Ralph R. Erickson, Chief District Judge for the U.S. District Court for the District of North Dakota, sitting by designation.
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Jesus Lemus-Everado petitions for review of a final order of removal issued by the Board of Immigration Appeals (BIA), affirming the denial by an immigration judge (IJ) of Lemus's application for deferral of removal under the Convention Against Torture (CAT). We have jurisdiction to review the BIA's decision pursuant to 8 U.S.C. § 1252.
The BIA's decision that Lemus had not established that it is more likely than not that he will be tortured if removed to Guatemala was supported by substantial evidence. Both the BIA and the IJ carefully considered the evidence presented by Lemus, including the testimony of an expert witness, and found it unpersuasive. The BIA thus properly determined that Lemus had not made the showing necessary to obtain CAT relief.
DENIED.