Vodnar

MEMORANDUM **

Petitioners Adam Alexandra Vodnar, an ethnic Hungarian from Romania, and his wife Ligia Timis, 1 seek review of the Board of Immigration Appeals’ decision, without opinion, affirming the immigration judge’s (the “IJ”) denial of their application for withholding of removal and for protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). 2 We deny the petition.

Petitioner alleges that on five occasions from 1990 to 2000, he was persecuted because of his ethnic Hungarian background and his participation in a political party, the Democratic Union of Hungarians (the “UDMR”). In order to prevail on a claim for withholding of removal, Petitioner must show by a “clear probability” that if he is returned to his country, his life or freedom would be threatened on account of race, religion, nationality, membership in particular social group or political opinion. See INS v. Stevic, 467 U.S. 407, 430 , 104 S.Ct. 2489 , 81 L.Ed.2d 321 (1984). In order to establish a claim under CAT, Petitioner must show “it is more likely than not” that if he is returned to Romania *794 he will be tortured within the…