Jolan Gurdon v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 31 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOLAN GURDON, AKA Jessie Henson, No. 15-70364 AKA David Raymond, Agency No. A042-859-656 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 23, 2017** Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges. Jolan Gurdon, a native and citizen of Jamaica, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for deferral of removal under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 * 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). 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), and we deny the petition for review. Substantial evidence supports the agency’s denial of deferral of removal under CAT because Gurdon failed to establish it is more likely than not he would be tortured by or with the consent or acquiescence of the government if removed to Jamaica. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (finding that the petitioner’s claims of possible torture were speculative and therefore did not compel reversal). Gurdon’s contention that the agency insufficiently considered his CAT claim is not supported by the record. See Cole v. Holder, 659 F.3d 762, 771 (9th Cir. 2011) (the BIA is not required to “discuss each piece of evidence submitted”). PETITION FOR REVIEW DENIED. 2 15-70364 15-70364 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jolan Gurdon v. Jefferson Sessions 31 October 2017 Agency Unpublished 742633cd6ce6b54105b78dfcd6b16943fc4e9efe

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