Armando Gutierrez v. Eric Holder, Jr.

MEMORANDUM

Armando “Lupita” Gutierrez appeals from the denial of her request for withholding of removal under the Convention Against Torture (“CAT”). The Board of Immigration Appeals (“BIA”) determined that Ms. Gutierrez had faded to show that it is more likely than not that she will be tortured as a transgender woman if she is returned to Mexico and lives in a large city. We conclude this determination is supported by substantial evidence such that a contrary conclusion is not compelled. See 8 U.S.C. § 1252 (b)(4)(B).

Ms. Gutierrez bears the burden of proving her eligibility for relief under CAT, and that the BIA’s conclusion is not supported by reasonable, substantial and probative evidence. See 8 U.S.C. §§ 1229a(c)(4), 1252(b)(4)(B); see also Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir. 2001) (“To qualify for withholding of removal, an alien must demonstrate that ‘it is more likely than not that he would be subject to persecution on one of the specified grounds.’ ”) (quoting INS v. Stevic, 467 U.S. 407, 429-30 , 104 S.Ct. 2489 , 81 L.Ed.2d 321 (1984)).

Torture is defined as “an extreme form of cruel and inhuman treatment and does not include lesser forms of cruel, inhuman or…