Jose Edilberto Ayala v. ERIC H. HOLDER, Jr.

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE EDILBERTO AYALA,
Petitioner,
v.
ERIC H. HOLDER, Jr.,
Respondent.
No. 10-73216
Agency No. A073-933-141
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jose Edilberto Ayala, a native and citizen of El Salvador, petitions for
review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying relief under the Convention Against
Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
JAN 04 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73216 2
substantial evidence factual findings and review de novo legal conclusions.
Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We deny the
petition for review.
Substantial evidence supports the BIA’s finding that Ayala failed to
demonstrate that it is more likely than not that he will be tortured by, or with the
consent or acquiescence of the El Salvadoran government if he returns to El
Salvador. See Kumar v. Gonzales, 444 F.3d 1043, 1055-56 (9th Cir. 2006) (arrest
and severe beating did not amount to torture); see also Santos-Lemus, 542 F.3d at
747-48 (CAT relief denied where petitioner feared torture at the hands of private
individuals and there was no evidence the government would acquiesce in torture).
PETITION FOR REVIEW DENIED.

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