FILED
NOT FOR PUBLICATION JAN 20 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JACOB IKEOKWU-ONYMAECHI, No. 05-75664
Petitioner, Agency No. A027-137-374
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, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Jacob Ikeokwu-Onymaechi, a native and citizen of Nigeria, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order sustaining the
government’s appeal from an immigration judge’s order granting his application
*
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).
TL/Research
for deferral of removal under the Convention Against Torture. We have
jurisdiction pursuant to 8 U.S.C. § 1252. Lemus-Galvan v. Mukasey, 518 F.3d
1081, 1084 (9th Cir. 2008). Reviewing for substantial evidence the BIA’s factual
findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), we deny the
petition for review.
Substantial evidence supports the BIA’s holding that Ikeokwu-Onymaechi
failed to meet his burden of showing that he more likely than not would be tortured
upon removal to Nigeria. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir.
2007).
PETITION FOR REVIEW DENIED.
TL/Research 2 05-75664