Ershad Moin v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 22 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ERSHAD KHAJA MOIN, No. 12-71069 Petitioner, Agency No. A070-935-035 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 13, 2018** Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges. 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. * 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. 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. 2 12-71069 Court of Appeals for the Ninth Circuit ca9 9th Cir. Ershad Moin v. Jefferson Sessions 22 March 2018 Agency Unpublished 186aa4e3d021f90bea6f758e321b80b55b2f3653

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