FILED
NOT FOR PUBLICATION
NOV 15 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HIRVYN EMERSON RODRIGUEZ- No. 13-70715
PEREZ, AKA Hirvyn Rodriguez,
Agency No. A073-413-584
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 10, 2016**
Pasadena, California
Before: SCHROEDER and BYBEE, Circuit Judges, and SMITH,*** Chief District
Judge.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable William E. Smith, United States Chief District Judge
the District of Rhode Island, sitting by designation.
Hirvyn Emerson Rodriguez-Perez petitions for review of the Board of
Immigration Appeals’ denial of deferral of removal under the Convention Against
Torture (“CAT”). We deny the petition.
1. We have jurisdiction pursuant to 8 U.S.C. § 1252(a). See Pechenkov v.
Holder, 705 F.3d 444, 448 (9th Cir. 2012).
2. Nothing in the record compels a conclusion contrary to that of the
Immigration Judge. See 8 U.S.C. § 1252(b)(4)(B) (“[A]dministrative findings of
fact are conclusive unless any reasonable adjudicator would be compelled to
conclude to the contrary . . . .”); Garcia-Milian v. Holder, 755 F.3d 1026, 1031
(9th Cir. 2014). Rodriguez’s suggestion that the Immigration Judge failed to give
appropriate consideration to evidence that Rodriguez would be beaten or killed
upon returning to El Salvador is without merit as the Immigration Judge
specifically took such evidence into account. Decision of the Immigration Judge,
p.10. Rodriguez’s own expert witness opined that, after the gang truce in El
Salvador, overall violence, including beatings and killings, has gone down.
The petition for review is DENIED.
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