Mercedes Sanchez De Franco v. Eric Holder, Jr.

MEMORANDUM

Mercedes de Jesus Sanchez de Franco and her children, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the agency’s denial of CAT relief because petitioners did not demonstrate that it is more likely than not they will be tortured if returned to El Salvador. See Zheng v. Ashcroft, 332 F.3d 1186, 1196-97 (9th Cir.2003).

In denying petitioners’ asylum and withholding of removal claims, the BIA found they failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case they did not have the benefit of either this court’s decisions in Henriquez-Rivas v. Holder, 707…