Jose Lopez-Sanchez v. Eric Holder, Jr.

MEMORANDUM

Jose Santos Lopez-Sanchez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Substantial evidence supports the agency’s finding that Lopez-Sanchez failed to establish the gang’s attempt to recruit him and the threats he received rose to the level of past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000). The record also does not compel the conclusion that it is more likely than not that Lopez-Sanchez will be persecuted on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1015-16 (9th Cir.2010). Accordingly, Lopez-Sanehez’s withholding of removal claim fails.

Substantial evidence also supports the agency’s denial of CAT relief because Lopez-Sanehez failed to establish that it is more likely than…