German Ruvalcaba-Rosales v. Eric Holder, Jr.

MEMORANDUM

German Ruvaleaba-Rosales appeals the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of withholding of removal and protection under the Convention Against Torture (CAT). We review the BIA’s factual findings for substantial evidence, Re-galado-Escobar v. Holder, 717 F.3d 724, 726-27 (9th Cir.2013), and we have jurisdiction under 8 U.S.C. § 1252 (a)(1). We deny the petition with respect to Ruvalca-ba’s withholding of removal claim and remand his CAT claim for further review.

The evidence presented by Ruvalcaba is not sufficient to compel the conclusion that his political opinion was a central reason for the mistreatment he suffered in Mexico. Ruvalcaba was beaten after he returned to the property that had previously been confiscated by the Party of the Democratic Revolution (PRD) Committee and that “was still undergoing some kind of legal process.” Significant to the BIA was the fact that the PRD Committee took the land of 25 other landowners at the same time, yet Ruvalcaba failed to present any evidence regarding the political affiliation of these other landowners. Substantial evidence supports the BIA’s determination that…