FILED
NOT FOR PUBLICATION APR 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MANUEL BANOS RIVERA, No. 07-73133
Petitioner, Agency No. A096-151-056
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Manuel Banos Rivera, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
*
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).
removal, and relief under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings, and we review de novo the agency’s legal determinations. See Wakkary
v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.
Substantial evidence supports the agency’s finding that Banos Rivera did not
establish that he was or would be persecuted on account of any protected ground,
in light of his testimony that his brother’s murder was likely based on envy or a
commercial dispute, and that he never discovered who was responsible for the
murder. See Ochave v. INS, 254 F.3d 859, 865 (9th Cir. 2001). Accordingly, we
deny the petition as to Banos Rivera’s asylum and withholding of removal claims.
We also deny the petition as to Banos Rivera’s CAT claim because
substantial evidence supports the agency’s finding that Banos Rivera failed to
demonstrate it is more likely than not he will be tortured upon return to Mexico.
See Wakkary, 558 F.3d at 1067-68.
PETITION FOR REVIEW DENIED.
2 07-73133