Andrei Ivanovich Ulescenco v. Eric Holder, Jr.

MEMORANDUM

Andrei Ivanovich Ulescenco, a native and citizen of Moldova, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from a decision of an immigration judge (“IJ”) denying his applications for withholding of removal and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Blandino-Medina v. Holder, 712 F.3d 1338, 1348 (9th Cir.2013), and review de novo questions of law, Pechenkov v. Holder, 705 F.3d 444, 449 (9th Cir.2012). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s denial of Ulescenco’s application for CAT protection because Ulescenco failed to demonstrate that he would more likely than not suffer torture upon his removal to Moldova. See Blandino-Medina, 712 F.3d at 1348 (affirming the denial of CAT protection for a petitioner who “had not presented evidence that similarly-situated individuals [we]re being tortured by [government] officials”).

The record does not support Ulescenco’s contention that the BIA failed to consider the…