Rattan

Rattan v. Holder

Good Law
358 F. App'x 937
United States Court of Appeals for the Ninth CircuitDecember 14, 2009Nos. 07-70635, 07-72118California472 words

Opinion

Lead Opinion

In these consolidated cases, Mukesh Kumar Rattan, his wife Uma Urmila Rattan, and their children, all natives and citizens of Fiji, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) (No. 07-70635), and the BIA’s order denying their motion to reopen (No. 07-72118). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Sinha v. Holder, 564 F.3d 1015, 1020 (9th Cir.2009), and we review for abuse of discretion the denial of motions to reopen, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004). In petition No. 07-70635, we deny in part and grant in part the petition for review and remand. In petition No. 07-72118, we dismiss the petition for review as moot.

Substantial evidence supports the IJ’s denial of CAT relief because Rattan failed to demonstrate it is more likely than not he will be tortured if returned to Fiji. See Singh v. Gonzales, 439 F.3d 1100, 1113 (9th Cir.2006).

Substantial evidence supports the IJ’s finding that Rattan…

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