Daniel Solando v. Eric H. Holder Jr.

MEMORANDUM

Daniel Javier Solando (“Solando”) appeals the Board of Immigration Appeals’ (“BIA”) decision affirming the denial of his application for deferral of removal under the United Nations Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We affirm the BIA.

1. We review for substantial evidence the BIA’s determination that Solando failed to show that he would more likely than not be tortured if removed to Honduras. Muradin v. Gonzales, 494 F.3d 1208, 1210-11 (9th Cir.2007). That is, record evidence must compel reversal. Id. at 1210 . To demonstrate that Solando would more likely than not be tortured, he must show that actors would specifically intend to inflict severe pain and suffering on him; where those actors are private citizens, he must show that the Honduran government acquiesces in their torturous conduct. Nuru v. Gonzales, 404 F.3d 1207, 1217 (9th Cir.2005); Zheng v. Ashcroft, 332 F.3d 1186, 1194-97 (9th Cir.2003).

2. Solando cannot establish eligibility for CAT relief based on a combination of his homosexuality, his poor health, and the state of the Honduran medical system. This is because the record does not compel the…