Israel Lopez-Simon v. Eric Holder, Jr.

MEMORANDUM

Israel Lopez-Simon, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), and also petitions for review of the BIA’s order dismissing his appeal from an IJ’s decision denying his motion to reopen his removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We review for an abuse of discretion the BIA’s denial of a motion to reopen, and review de novo claims of due process violations, including claims of ineffective assistance of counsel. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the BIA’s denial of CAT relief because Lopez-Simon failed to establish that it is more likely than not he will be tortured by or with the acquiescence of the government of Mexico. See Santos-Lemus, 542 F.3d at 748…