Abel Lopez-Serrano v. Eric Holder, Jr.

MEMORANDUM

Abel Lopez-Serrano (“Lopez”) petitioned this court to review the Board of Immigration Appeals’ order denying his application for deferral of removal under the Convention Against Torture. In addition, Lopez alleges he was deprived of a full and fair hearing because the Immigration Judge unreasonably denied his motion for a continuance to reach his expert witness, exhibited bias, and engaged in misconduct. We deny the petition for review.

1. Substantial evidence supports the finding that Lopez is not likely to be tortured “by or at the instigation of or with the consent or acquiescence of’ an El Salvadorian public official. See 8 C.F.R. § 1208.18 (a); Arteaga v. Mukasey, 511 F.3d 940, 944 (9th Cir.2007) (“BIA’s findings underlying its determination that an applicant is not eligible for relief under the CAT are reviewed for substantial evidence.”). Even if public officials or rival gangs in El Salvador were to mistakenly view Lopez as a gang member because of his tattoos, there is no showing that such misidentification would lead to torture. Although willful blindness may suffice to show government acquiescence, see Aguilar-Ramos v. Holder, 594 F.3d 701, 705-06 (9th…