NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 06 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UWEM USANGA, No. 07-70637
Petitioner, Agency No. A072-866-343
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted March 16, 2011
San Francisco, California
Before: HUG, W. FLETCHER, and M. SMITH, Circuit Judges.
Uwem Usanga (“petitioner”), a native and citizen of Nigeria, appeals the
Board of Immigration Appeals’ (“BIA”) affirmance of an immigration judge’s
denial of relief under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review findings of fact for substantial
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
evidence, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the
petition.
The BIA did not err in determining that petitioner is ineligible for CAT
relief. To establish eligibility for CAT relief, an alien must show it is “more likely
than not” that he will be tortured in the proposed country of removal. Kamalthas v.
INS, 251 F.3d 1279, 1283 (9th Cir. 2001). An alien must show that the torture
would be “inflicted by or at the instigation of or with the consent or acquiescence
of a public official or other person acting in an official capacity.” 8 C.F.R. §
208.18(a)(1). Petitioner presented insufficient evidence that his alleged
persecutors, a street gang known as the Area Boys, harmed him with the consent or
acquiescence of a public official. Because petitioner failed to show that any
alleged torture would be inflicted by or at the instigation of or with the consent or
acquiescence of a public official, the BIA properly denied relief. See 8 C.F.R. §
208.18(a)(1).
PETITION DENIED.
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