FILED
NOT FOR PUBLICATION JAN 19 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TADESSE AYLEKA AYELE, No. 09-73112
Petitioner, Agency No. A028-616-106
v.
MEMORANDUM *
ERIC H. HOLDER JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2011**
Seattle, Washington
Before: GRABER and M. SMITH, Circuit Judges, and BENITEZ, *** District
Judge.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Roger T. Benitez, United States District Judge for the
Southern District of California, sitting by designation.
Petitioner Tadesse Ayleka Ayele petitions for review of an order by the
Board of Immigration Appeals (“BIA”) that dismissed his appeal of an immigration
judge’s denial of protection under the United Nations Convention Against Torture
(“CAT”) and also denied his motion to remand for an adjustment of status.
Petitioner is not a member of the Ethiopian People’s Revolutionary Party
(“EPRP”), does not provide financial support for the EPRP, and his name does not
appear on any EPRP list. Petitioner also has not suffered harm by or with the
acquiescence of the Ethiopian government, nor has he received threats of such
harm. Accordingly, substantial evidence supports the BIA’s denial of CAT
protection. See Morales v. Gonzales, 478 F.3d 972, 983 (9th Cir. 2007).
The BIA also did not abuse its discretion by denying Petitioner’s motion to
remand, as Petitioner was statutorily ineligible for an adjustment of status or a
waiver of inadmissibility. See Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th
Cir. 2008).
The petition for review is DENIED.
2