Nestor Lopez-Herrera v. Eric Holder, Jr.

MEMORANDUM

Nestor Obilson Lopez-Herrera, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“U”) decision denying his application for asylum, 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in’ part and grant in part the petition for review, and we remand.

Lopez-Herrera has not challenged the agency’s finding that his application for asylum is untimely. Thus, we deny the petition for review as to his asylum claim.

Substantial evidence supports the agency’s denial of CAT relief because Lopez-Herrera failed to establish that it is more likely than not he will be tortured by or with the acquiescence of the government of El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008).

Finally, in denying Lopez-Herréra’s withholding of removal claim, the agency found Lopez-Herrera failed to establish past persecution or á fear of future persecution on account of a protected ground. When…