Manuel Banos Rivera v. ERIC H. HOLDER Jr., Attorney General

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NOT FOR PUBLICATION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
MANUEL BANOS RIVERA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73133
Agency No. A096-151-056
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Manuel Banos Rivera, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
FILED
APR 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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removal, and relief under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings, and we review de novo the agency’s legal determinations. See Wakkary
v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.
Substantial evidence supports the agency’s finding that Banos Rivera did not
establish that he was or would be persecuted on account of any protected ground,
in light of his testimony that his brother’s murder was likely based on envy or a
commercial dispute, and that he never discovered who was responsible for the
murder. See Ochave v. INS, 254 F.3d 859, 865 (9th Cir. 2001). Accordingly, we
deny the petition as to Banos Rivera’s asylum and withholding of removal claims.
We also deny the petition as to Banos Rivera’s CAT claim because
substantial evidence supports the agency’s finding that Banos Rivera failed to
demonstrate it is more likely than not he will be tortured upon return to Mexico.
See Wakkary, 558 F.3d at 1067-68.
PETITION FOR REVIEW DENIED.

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