Alazar Getachew Arsdi v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by Ninth Circuit Rule 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALAZAR GETACHEW ARSDI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72147
Agency No. A028-129-238
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted August 9, 2011
San Francisco, California
Before: KOZINSKI, Chief Judge, O’SCANNLAIN and BEA, Circuit Judges.
Alazar Getachew Arsdi is a native and citizen of Ethiopia, who is removable
under 8 U.S.C. § 1227(a)(2)(A)(iii) for having committed an aggravated felony.
He petitions for review of the Board of Immigration Appeals’ denial of his claim
for deferral of removal pursuant to the United Nations Convention Against Torture
FILED
OCT 24 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

Arsdi also filed for asylum and withholding of removal. His appeal1
regarding those claims is disposed of in a concurrently filed opinion.
2
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252, and we deny Arsdi’s1
petition.
“[A]dministrative findings of fact are conclusive unless any reasonable
adjudicator would be compelled to conclude to the contrary.” 8 U.S.C.
§ 1252(b)(4)(B) (emphasis added). It was Arsdi’s burden to show “a chance
greater than fifty percent that he will be tortured if removed.” Hamoui v. Ashcroft,
389 F.3d 821, 827 (9th Cir. 2004).
The record in this case does not compel a conclusion that Arsdi will more
likely than not be tortured. He has produced some evidence that torture sometimes
occurs in Ethiopian prisons. But because he has not even shown that he will more
likely than not be detained if returned to Ethiopia, he clearly has not shown that he
will more likely than not be tortured.
DENIED.

-- 2 of 2 --