Subhi Dajani v. Eric Holder, Jr.

MEMORANDUM

Subhi Dajani appeals from the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of an Immigration Judge’s (“IJ”) decision denying his application for deferral of removal under Article III of the Convention Against Torture (“CAT”) and denying his request for relief from removal under former Immigration and Nationality Act (“INA”) § 212(c). We deny in part, and dismiss in part, Dajani’s petition for review.

1. We have jurisdiction to review Dajani’s CAT claim because the IJ “denied relief on the merits.” Alphonsus v. Holder, 705 F.3d 1031, 1036-37 (9th Cir.2013). The IJ’s conclusion that Dajani failed to meet his burden of showing that it was more likely than not that he would be tortured if removed to Israel is supported by substantial evidence. The only evidence in the record relevant to the likelihood of torture were in the 2013, 2012, and 2011 U.S. State Department country reports on Israel; according to these reports, the only instances of state-sanctioned torture occur in “extraordinary cases” — that is, those “involving an imminent threat or ‘ticking bomb’ scenario.” Thus, although there is some evidence in the record that Israeli officials commit…