Modu Jawara 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NOT FOR PUBLICATION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
MODU JAWARA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70088
Agency No. A095-575-505
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Modu Jawara, a native and citizen of Sierra Leone, 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
removal, and relief under the Convention Against Torture (“CAT”). We have
FILED
MAY 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-70088
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence findings of
fact. Sowe v. Mukasey, 538 F.3d 1281, 1285 (9th Cir. 2008). We deny the petition
for review.
Substantial evidence supports the agency’s finding that, even if Jawara was
entitled to a presumption of a well-founded fear of persecution, the presumption
was rebutted by evidence of changed country conditions in Sierra Leone. See id. at
1286. Therefore, Jawara’s asylum claims fails.
Because Jawara failed to establish eligibility for asylum, he necessarily fails
to meet the more stringent standard for withholding of removal. See Zehatye v.
Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
Lastly, substantial evidence supports the agency’s finding that Jawara has
not established a clear probability of torture at the hands of the government or with
its consent or acquiescence upon return to Sierra Leone. See Silaya v. Mukasey,
524 F.3d 1066, 1073 (9th Cir. 2008). Accordingly, Jawara’s CAT claim fails.
PETITION FOR REVIEW DENIED.

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