Opinion
No. 12-71069
03-22-2018
ERSHAD KHAJA MOIN, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A070-935-035 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Ershad Khaja Moin, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for relief under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review.
Substantial evidence supports the agency's denial of CAT relief because Moin failed to show it is more likely than not that he would be tortured by or with the consent or acquiescence of the government of Bangladesh. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (fear of torture speculative); Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1059 (9th Cir. 2006) ("Acquiescence of a public official requires that the public official, prior to the activity constituting torture, have awareness of such activity" (citation and internal quotation marks omitted)).
PETITION FOR REVIEW DENIED.