Armen Arakelyan v. Loretta E. Lynch

FILED NOT FOR PUBLICATION OCT 20 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ARMEN ARAKELYAN, No. 13-71624 Petitioner, Agency No. A071-109-588 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 14, 2015** Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges. Armen Arakelyan, a native and citizen of Armenia, 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. § * 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). 1252; see Alphonsus v. Holder, 705 F.3d 1031, 1036-37 (9th Cir. 2013). We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review. Arakelyan claims a fear of torture based on his failure to register for military service, general corruption and prison conditions, and his vengeful co-defendant from a prior criminal case. Substantial evidence supports the agency’s conclusion that, considering the likelihood of harm from these sources individually or in the aggregate, Arakelyan did not establish it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Armenia. See id. at 1073; see also Zheng v. Holder, 644 F.3d 829, 835-86 (9th Cir. 2011) (speculative claim did not compel CAT relief); Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007) (record did not compel a finding of government acquiescence to torture). PETITION FOR REVIEW DENIED. 2 13-71624