Ricardo Vela-Luque v. Eric Holder ( 2012 )

FILED
NOT FOR PUBLICATION AUG 13 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICARDO VELA-LUQUE, a.k.a. Ricardo No. 10-72032
Vela Luque,
Agency No. A094-811-095
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 8, 2012 **
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Ricardo Vela-Luque, a native and citizen of Peru, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for relief under 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).
Convention Against Torture (“CAT”). We have jurisdiction under
8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings,
Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the petition
for review.
Contrary to Vela-Luque’s contentions, substantial evidence supports the
BIA’s denial of his CAT claim because Vela-Luque did not establish it is more
likely than not he will be tortured by or with the consent or acquiescence of the
Peruvian government. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011).
PETITION FOR REVIEW DENIED.
2 10-72032