Roberto Montano De Jesus v. Eric Holder, Jr. , 437 F. App'x 536 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERTO MONTANO DE JESUS, No. 09-70716
Petitioner, Agency No. A076-346-619
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Roberto Montano de Jesus, a native and citizen of El Salvador, petitions pro
se for review of the Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s decision denying deferral of removal under the
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1252. We review for substantial evidence, Lemus-Galvan v. Mukasey, 518 F.3d
1081, 1084 (9th Cir. 2008), and we deny the petition for review.
Substantial evidence supports the agency’s denial of deferral of removal
because Montano de Jesus did not establish it is more likely than not he would be
tortured if returned to El Salvador. See 8 C.F.R. §§ 1208.16(c)(2), 1208.17(a)
(deferral of removal requires alien to show it is more likely than not he would be
tortured).
PETITION FOR REVIEW DENIED.
2 09-70716