Jesus Lemus-Everado, a.k.a. Everado De Jesus Lemus v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESUS LEMUS-EVERADO, a.k.a.
Everado De Jesus Lemus,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74119
Agency No. A035-342-313
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted October 9, 2013
Pasadena, California
Before: PAEZ and HURWITZ, Circuit Judges, and ERICKSON, Chief District
Judge.**
Jesus Lemus-Everado petitions for review of a final order of removal issued by
the Board of Immigration Appeals (BIA), affirming the denial by an immigration
FILED
OCT 22 2013
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 Honorable Ralph R. Erickson, Chief District Judge for the U.S.
District Court for the District of North Dakota, sitting by designation.

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judge (IJ) of Lemus’s application for deferral of removal under the Convention
Against Torture (CAT). We have jurisdiction to review the BIA’s decision pursuant
to 8 U.S.C. § 1252.
The BIA’s decision that Lemus had not established that it is more likely than
not that he will be tortured if removed to Guatemala was supported by substantial
evidence. Both the BIA and the IJ carefully considered the evidence presented by
Lemus, including the testimony of an expert witness, and found it unpersuasive. The
BIA thus properly determined that Lemus had not made the showing necessary to
obtain CAT relief.
DENIED.
2

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