Luz Del Carmen-Dejala v. Eric Holder, Jr.

MEMORANDUM

Dency Mariel Leon-Polanco, a native and citizen of El Salvador, petitions for review of the Board of Immigration Ap peals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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, Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part and grant in part the petition for review, and we remand.

We reject Leon-Polanco’s contention that the IJ adjudicated her case -without reviewing the record, in violation of her due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice to prevail on a due process claim).

Substantial evidence supports the agency’s denial of CAT relief because Leon-Polanco failed to establish it is more likely than not she would be tortured by or with the acquiescence of the government if returned to El Salvador. See Silaya v. Mukasey,…