Carranza-Valle v. Holder

FILED NOT FOR PUBLICATION JUL 19 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT LUIS ALONSO CARRANZA-VALLE, No. 08-70743 Petitioner, Agency No. A096-079-626 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Luis Alonso Carranza-Valle, a native and citizen of El Salvador, petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his request 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 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 factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we review de novo due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001). We deny the petition for review. Substantial evidence supports the agency’s denial of CAT relief because Carranza-Valle failed to establish it is more likely than not that he will be tortured if he returns to El Salvador. See Santos-Lemus v. Mukasey, 542 F.3d 738, 748 (9th Cir. 2007). We reject Carranza-Valle’s contention that the BIA violated his due process rights by failing to adequately consider his CAT claim because it is not supported by the record. Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to establish due process claim). PETITION FOR REVIEW DENIED. 2 08-70743