FILED
NOT FOR PUBLICATION JUN 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HAO TUAN DIEP, No. 08-73114
Petitioner, Agency No. A071-436-055
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Hao Tuan Diep, a native and citizen of Vietnam, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s decision denying his application for protection under the Convention
Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We
*
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).
review for substantial evidence, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.
2008), and we deny the petition for review.
Diep did not testify to having experienced any physical harm in Vietnam.
After release from prison, his father, a former officer in the South Vietnamese
army, remained in Vietnam for eight years without incident. Neither his brother
nor his mother experienced any harm during their visits to Vietnam. Substantial
evidence supports the agency’s denial of CAT protection because Diep failed to
establish it is more likely than not he will be tortured if he returns to Vietnam. See
Santos-Lemus v. Mukasey, 542 F.3d 738, 747-48 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 08-73114