Carlos Herrera-Aguirre v. Eric Holder, Jr.

MEMORANDUM

Geovani Alberto Siciliano Sagrario, 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 (“IJ”) 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. 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.

Substantial evidence supports the agency’s denial of CAT relief because Siciliano Sagrario 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. Mulcasey, 524 F.3d 1066, 1073 (9th Cir.2008). We reject Siciliano Sagrario’s contention that the agency failed to consider evidence because he has not overcome the presumption that the agency reviewed the record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006).

In denying Siciliano Sagrario’s withholding of removal claim, the agency found Siciliano Sagrario failed to establish…