Roberto Candido-Carcamo v. Eric Holder, Jr.

MEMORANDUM

Roberto Candido-Carcamo, a native and citizen of El Salvador, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the Immigration Judge’s (“IJ”) denial of his application for deferral of removal under the Convention Against Torture (“CAT”).

Although Candido-Carcamo presented evidence that he would likely face arrest or detention by the government of El Salvador due to his status as a deportee and former gang member, such harms do not rise to the level of torture. Villegas v. Mukasey, 523 F.3d 984, 988-89 (9th Cir. 2008). The IJ and BIA properly considered the testimony of Candido-Carcamo’s two expert witnesses and the related documentary evidence, and concluded that Can-dido-Carcamo had not met his burden to show that it was more likely than not that he would be tortured by the government of El Salvador. Substantial evidence supports this conclusion.

The Id’s reliance on Candido-Carcamo’s treatment by gangs in the United States as an indicator of his likely treatment in El Salvador gives us some pause, but we agree with the BIA that, in light of the totality of the record evidence, a reasonable fact finder would…