Jonathan Reyes v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION OCT 07 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JONATHAN ALEXANDER REYES, No. 13-70162
Petitioner, Agency No. A075-751-990
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted August 13, 2014
San Francisco, California
Before: KOZINSKI, Chief Judge, McKEOWN and CLIFTON, Circuit
Judges.
The BIA didn’t err in denying Reyes’s application for protection under the
Convention Against Torture. Nothing in the record or the BIA’s decision indicates
a failure to consider all the evidence. See Cole v. Holder, 659 F.3d 762, 771 (9th
Cir. 2011). Indeed, the BIA explicitly considered much of the evidence Reyes
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
page 2
provided, including the 2010 Country Report and the 2007 Harvard article, and it
wasn’t required to “expressly refute on the record every single piece of evidence.”
Feng Gui Lin v. Holder, 588 F.3d 981, 987 (9th Cir. 2009). It then reasonably
concluded that although “the situation for persons with gang related tattoos in El
Salvador may well be highly dangerous,” it is not “more likely than not at this time
that [Reyes] will be tortured upon return to El Salvador.” See Alphonsus v.
Holder, 705 F.3d 1031, 1049–50 (9th Cir. 2013); Shrestha v. Holder, 590 F.3d
1034, 1049 (9th Cir. 2010). In light of this conclusion and in context, the
typographical error Reyes points out doesn’t require a remand.
DENIED.