Mounir El Hamm Gaad El Rab 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NOT FOR PUBLICATION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
MOUNIR EL HAMM GAAD EL RAB,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70727
Agency No. A095-634-533
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Mounir El Hamm Gaad El Rab, a native and citizen of Egypt, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his applications for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
FILED
JAN 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70727 2
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny
the petition for review.
The record does not compel the conclusion that Gaad El Rab established
changed or extraordinary circumstances excusing his late filing. See 8 C.F.R. §
1208.4(a)(4), (5). Accordingly, we deny the petition as to Gaad El Rab’s asylum
claim.
The discrimination Gaad El Rab experienced as a Coptic businessman in
Egypt and the events surrounding his daughter’s kidnaping do not compel the
conclusion that he suffered past persecution or that it is more likely than not that he
will suffer future persecution on account of a protected ground. See 8 U.S.C. §
1231(b)(3)(A); Hoxha v. Ashcroft, 319 F.3d 1179, 1182, 1184-85 (9th Cir. 2003).
Accordingly, substantial evidence supports the agency’s denial of withholding of
removal.
Finally, substantial evidence supports the agency’s denial of CAT relief
because Gaad El Rab failed to establish it is more likely than not that he would be
tortured if returned to Egypt. See Wakkary v. Holder, 558 F.3d 1049, 1068 (9th
Cir. 2009).
PETITION FOR REVIEW DENIED.

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