Diego Rodriguez De Souza, a.k.a. Diego Souza v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DIEGO RODRIGUEZ DE SOUZA, a.k.a.
Diego Souza,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72169
Agency No. A094-822-882
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Diego Rodriguez De Souza, a native and citizen of Brazil, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for protection under
FILED
JAN 27 2014
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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
11-72169

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the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
§ 1252. Alphonsus v. Holder, 705 F.3d 1031, 1036-37 (9th Cir. 2013); Arteaga v.
Mukasey, 511 F.3d 940, 942 n.1 (9th Cir. 2007). We review for substantial
evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070
(9th Cir. 2008). We deny the petition for review.
Substantial evidence supports the BIA’s determination that De Souza did not
establish that he is more likely than not to be tortured if removed to Brazil. See
Alphonsus, 705 F.3d at 1049-50. Accordingly, De Souza’s CAT claim fails.
PETITION FOR REVIEW DENIED.
11-72169 2

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