United States v. 2012-04-23 | 08-72585 | AHMAD GHNAIMAT V. ERIC H. HOLDER JR. | nonprecedential |…

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously finds this case suitable for decision without oral
argument. Fed. R. App. P. 34(a)(2).
*** The Honorable Frederic Block, Senior United States District Judge for the
Eastern District of New York, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AHMAD AWAD GHNAIMAT, ) No. 08-72585
)
Petitioner, ) Agency No. A071-805-697
)
v. ) MEMORANDUM*
)
ERIC H. HOLDER Jr., Attorney )
General, )
)
Respondent. )
)
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 10, 2012 **
Pasadena, California
Before: FERNANDEZ and SILVERMAN, Circuit Judges, and BLOCK,***
District Judge.
Ahmad Awad Ghnaimat, a native and citizen of Jordan, petitions for review
FILED
APR 23 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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1 United Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, adopted Dec. 10, 1984, S. Treaty Doc. No.
100-20 (1988), 1465 U.N.T.S. 85, implemented at 8 C.F.R. § 1208.18.
2 See Azanor v. Ashcroft, 364 F.3d 1013, 1018 (9th Cir. 2004).
3 See id.
4 See 8 C.F.R. § 1208.18(a)(1)–(5).
5 See Wakkary v. Holder, 558 F.3d 1049, 1067–68 (9th Cir. 2009); Arteaga
v. Mukasey, 511 F.3d 940, 948–49 (9th Cir. 2007).
6 See Azanor, 364 F.3d at 1018.
7 See, e.g., El Himri v. Ashcroft, 378 F.3d 932, 934–35, 938 (9th Cir. 2004);
Gui v. INS, 280 F.3d 1217, 1229, 1230 (9th Cir. 2002).
2
of the Board of Immigration Appeals’ denial of his motion to reopen for the
purpose of asserting relief pursuant to the Convention Against Torture. 1
We deny the petition.
Ghnaimat failed to spell out a prima facie case 2 that if he was returned to
Jordan, it was more likely than not 3 that he would be tortured (subjected to severe
mental pain or suffering 4 ) by or with the acquiescence of public officials in
Jordan.5 Therefore, the BIA did not abuse its discretion 6 when it denied
reopening.7
Petition DENIED.

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