Opinion
No. 06-72630.
May 8, 2008.
Agency No. A78-058-008.
Before: D.W. NELSON, KLEINFELD, and HAWKINS, Circuit Judges.
ORDER
Page 3 of the Memorandum disposition filed on February 25, 2008 is amended as follows:
The BIA did not fail to address Tsambasis's CAT claim. The BIA adopted the IJ opinion, which states, "After full consideration of the facts in this case, the Court cannot say that it is more likely than not that such a treatment would be visited upon the respondent were he to return to Canada." Since the IJ "considered all the evidence," which included documentary evidence, this conclusory statement rejecting the CAT claim is sufficient. See Almaghar v. Gonzales, 457 F.3d 915, 922 (9th Cir. 2006).
Finally, we lack jurisdiction to review the denial of voluntary departure because the BIA denied voluntary departure as a matter of discretion. INA §§ 240B(f), 242(a)(2)(B)(I).PETITION DENIED.
With these amendments, the panel has voted to deny Petitioner's Petition for Panel Rehearing. Petition for Panel Rehearing DENIED. No further petitions for rehearing will be considered.