Sarbelio Sagastume-Hueso v. Loretta Lynch
UNPUBLISHED OPINION FILED. [16-60264 Affirmed] Judge: WED, Judge: ECP, Judge: GJC. Mandate pull date is 10/27/2017 [16-60264]
Date Filed: 09/05/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
September 5, 2017
SARBELIO DE JESUS SAGASTUME-HUESO,
Lyle W. Cayce
JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL,
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A205 988 315
Before DAVIS, PRADO, and COSTA, Circuit Judges.
PER CURIAM: *
Sarbelio de Jesus Sagastume-Hueso, a native and citizen of Guatemala,
petitions this court for review of the decision of the Board of Immigration
Appeals (BIA) affirming the Immigration Judge’s (IJ) denial of relief under the
Convention Against Torture (CAT). Sagastume-Hueso contends that, in light
of the IJ’s initial finding that he was eligible for CAT relief, the later entry of
a contrary finding violated the “law of the case” doctrine. However, the BIA
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Date Filed: 09/05/2017
had not “decided” any issues regarding CAT relief but rather returned the
record for a more complete decision because the IJ’s insufficient findings
precluded meaningful review. See 8 C.F.R. § 1003.1(d)(3)(iv).
The finding that Sagastume-Hueso did not suffer harm rising to the level
of torture is supported by substantial evidence. See Zhang v. Gonzales, 432
F.3d 339, 344 (5th Cir. 2005). Though Sagastume-Hueso argues that the IJ
failed to consider testimony that he was threatened and kicked, there is no
evidence that this caused him “severe pain or suffering.”
§ 208.18(a)(1). He fails to show that the evidence is so compelling that no
reasonable fact finder could fail to find that it is more likely than not that he
would be tortured if removed. See Sharma v. Holder, 729 F.3d 407, 411 (5th
The petition for review is DENIED
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