Mirta Castillo v. Eric Holder, Jr.

MEMORANDUM

Mirta Lidia Castillo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her applications for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and for special cancellation of removal under the Nicaraguan and Central American Relief Act of 1997 (“NACARA”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual determinations. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004). We dismiss in part and grant in part the petition for review, and we remand.

We lack jurisdiction to review the agency’s determination that Castillo is not eligible for NACARA relief. See Lanuza v. Holder, 597 F.3d 970, 972 (9th Cir.2010) (per curiam).

Substantial evidence does not support the agency’s determination that Castillo was not persecuted on account of a protected ground because the evidence compels the conclusion that Castillo was assaulted, raped, and threatened by members of the Guatemalan Civil Defense Patrol (“CDP”) on account of her exposure of CDP misconduct to the police and a…