Mohammad Rahman v. Loretta E. Lynch , 671 F. App'x 635 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MOHAMMAD RAHMAN, No. 14-72622
Petitioner, Agency No. A094-922-849
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Mohammad Rahman, 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 protection 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 Ninth Circuit Rule 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 the agency’s factual findings, Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for
review.
In his opening brief, Rahman accepts the agency’s determination that he was
not credible, but challenges the denial of CAT protection. Substantial evidence
supports the agency’s denial of Rahman’s CAT claim, because it is based on the
same testimony the agency found not credible, and Rahman does not point to any
other evidence in the record that compels the conclusion that it is more likely than
not he would be tortured by or with the consent or acquiescence of a public official
in Bangladesh. See Shrestha v. Holder, 590 F.3d 1034, 1049 (9th Cir. 2010). We
reject Rahman’s contention that the agency ignored evidence or erred in its
analysis.
PETITION FOR REVIEW DENIED.
2 14-72622