FILED
NOT FOR PUBLICATION FEB 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAFAEL AGUILAR-HUERTA, No. 08-73073
Petitioner, Agency No. A097-371-352
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
San Francisco, California
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Rafael Aguilar-Huerta, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals decision summarily affirming the
*
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).
jlf/Inventory
immigration judge’s denial of petitioner’s motion to reopen, seeking to apply for
relief under the Convention Against Torture (“CAT”).
Aguilar-Huerta’s claim for protection under CAT failed to present evidence
of changed country conditions in Mexico that are material to petitioner and his
circumstances. See 8 C.F.R. § 1003.2(c)(3)(ii); Nuru v. Gonzales, 404 F.3d 1207,
1216 (9th Cir. 2005) (holding that CAT applicant must establish that it is more
likely than not that he would be tortured if removed to his native country).
Aguilar-Huerta also contends that the IJ violated his due process rights by
not allowing him to present evidence of changed circumstances at an evidentiary
hearing. Because the BIA considered the attached affidavits and the country
conditions information in the motion to reopen, he cannot show a due process
violation. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (holding that
petitioner must demonstrate error and substantial prejudice to prevail on a due
process claim).
PETITION FOR REVIEW DENIED.
jlf/Inventory 2 08-73073