Rachdi

MEMORANDUM ***

Substantial evidence supports the determination by the Board of Immigration Appeals (BIA) that Rachdi did not meet his burden of proving it is more likely than not that he will be tortured if removed to Ageria. Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). First, the BIA concluded that the evidence in the record does not support Rachdi’s claim that he will be viewed as a traitor and will be captured at the airport by the military and tortured upon his return to Ageria for having applied for withholding of removal in the United States and for failing to rejoin the military. This conclusion is supported by the record. Athough there is evidence in the record that suspected terrorists have been tortured, Rachdi provided no evidence that he would be suspected of being a terrorist if he returned or that persons who applied for withholding of removal in the United States or who avoided reenlistment in the past are tortured.

Second, substantial evidence also supports the BIA’s determination that Rachdi failed to carry his burden of showing it is more likely than not that Rachdi would be tortured should he be pressed into military service. Athough the Country…