In a petition for review of the BIA's order removing petitioner-Yemeni native from the U.S., the petition is denied where: 1) the Court of Appeals lacked jurisdiction to review the factual aspects of petitioner's challenge to the denial of his request for voluntary departure; and 2) petitioner was not entitled to relief under the Convention Against Torture, because the persecution he would allegedly suffer upon return to Yemen would not originate from pain or suffering either initiated by a public official or inflicted with the consent or acquiescence of such an official.
Submitted: March 9, 2009
Decided and Filed: July 10, 2009
Opinion by Judge Daughtrey
Nehal H. Kamani, United States Department of Justice, Washington, DC