Ershad Khaja Moin v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERSHAD KHAJA MOIN,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 12-71069
Agency No. A070-935-035
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Ershad Khaja Moin, a native and citizen of Bangladesh, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for relief under the
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAR 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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§ 1252. 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 agency’s denial of CAT relief because
Moin failed to show it is more likely than not that he would be tortured by or with
the consent or acquiescence of the government of Bangladesh. See Zheng v.
Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (fear of torture speculative);
Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1059 (9th Cir. 2006) (“Acquiescence
of a public official requires that the public official, prior to the activity constituting
torture, have awareness of such activity” (citation and internal quotation marks
omitted)).
PETITION FOR REVIEW DENIED.

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