Sarsoza

MEMORANDUM **

Petitioner Catalino F. Sarsoza, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’s (BIA) decision denying his motion to reopen his deportation proceedings under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (Convention Against Torture). We have jurisdiction under 8 U.S.C. § 1105a(a), and review the denial of the motion to reopen for an abuse of discretion. Kamalthas v. INS, 251 F.3d 1279, 1281 (9th Cir.2001). We deny the petition for review.

First, Sarsoza contends that he established a prima facie case under the Convention Against Torture. However, as the BIA concluded, he failed to carry his burden. Taking into consideration the U.S. Department of State’s Philippines Country Report on Human Rights Practices for 1998, cf. Kamalthas, 251 F.3d at 1284 (granting petition for review where BIA failed to consider country conditions), and assuming it is true that Sarsoza was involved in seizing illegal arms, heard that his house had been burned down, learned that his children were not enrolled in school, and heard that rumors were being spread that…