Rafael Aguilar-Huerta v. ERIC H. HOLDER Jr., Attorney General

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).
jlf/Inventory
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAFAEL AGUILAR-HUERTA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-73073
Agency No. A097-371-352
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
San Francisco, California
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Rafael Aguilar-Huerta, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals decision summarily affirming the
FILED
FEB 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jlf/Inventory 08-73073 2
immigration judge’s denial of petitioner’s motion to reopen, seeking to apply for
relief under the Convention Against Torture (“CAT”).
Aguilar-Huerta’s claim for protection under CAT failed to present evidence
of changed country conditions in Mexico that are material to petitioner and his
circumstances. See 8 C.F.R. § 1003.2(c)(3)(ii); Nuru v. Gonzales, 404 F.3d 1207,
1216 (9th Cir. 2005) (holding that CAT applicant must establish that it is more
likely than not that he would be tortured if removed to his native country).
Aguilar-Huerta also contends that the IJ violated his due process rights by
not allowing him to present evidence of changed circumstances at an evidentiary
hearing. Because the BIA considered the attached affidavits and the country
conditions information in the motion to reopen, he cannot show a due process
violation. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (holding that
petitioner must demonstrate error and substantial prejudice to prevail on a due
process claim).
PETITION FOR REVIEW DENIED.

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