Sedin Kesko v. ERIC H. HOLDER JR., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SEDIN KESKO,
Petitioner,
v.
ERIC H. HOLDER JR., Attorney General,
Respondent.
No. 10-73490
Agency No. A075-163-254
MEMORANDUM*
Petition for Review of an Order
of the Board of Immigration Appeals
Argued and Submitted October 9, 2013
Seattle, Washington
Before: GRABER and MURGUIA, Circuit Judges, and BURY, District Judge. **
Sedin Kesko petitions for review of a final order of removal on the ground
that the Board of Immigration Appeals’ (BIA) erred in finding that Kesko failed to
establish a clear probability of torture to warrant deferral of his removal under the
Convention Against Torture (CAT).
FILED
OCT 25 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable David C. Bury, District Judge for the U.S. District
Court for the District of Arizona, sitting by designation.

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The standard of review is dispositive. We must consider the administrative
findings of fact to be conclusive, “unless any reasonable adjudicator would be
compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); INS v. Elias-
Zacarias, 502 U.S. 478, 483-84 (1992); Zehatye v. Gonzales, 453 F.3d 1182, 1185
(9th Cir. 2006). The evidence does not compel a finding that Kesko would be
likely to suffer torture if he returns to Bosnia-Herzegovina because it shows that
torture is likely only for a person convicted of a crime (or perhaps in the military),
and Kesko stated at the hearing he will not commit a crime. In addition, the record
shows that Kesko’s ethnicity no longer is in the minority, so he is less at risk for
torture. As recognized by the BIA, the immigration judge did consider the
Andrejevich report, but the report does not compel a finding that Kesko is likely to
be tortured. Even when considered in the aggregate, Kesko has not shown that he
more likely than not will be tortured if he returns to Bosnia-Herzegovina.
PETITION DENIED.

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