Frank Moretti Morote v. Eric Holder, Jr.

MEMORANDUM AND ORDER

Petitioner Frank Cliford Moretti Morote (“Moretti Morote”) seeks review of the Board of Immigration Appeals’ (“BIA”) order denying his request for deferral of removal under the Convention Against Torture (“CAT”). Moretti Morote also contends the BIA failed to address his claim of ineffective assistance of counsel. We deny his petition for review.

Substantial evidence supports the BIA’s determination that Moretti Morote did not bear his burden of establishing eligibility for CAT protection. Although some small factions of the Sendero Luminoso continue to exist in Peru (now largely as narcotics traffickers in remote areas), the evidence does not compel the conclusion that, after nearly twenty years, Moretti Morote would more likely than not be tortured on account of his family’s past associations with that group. 8 C.F.R. § 1208.16 (c).

Moretti Morote also attempts to bring a claim for ineffective assistance of counsel because his criminal attorney failed to advise him of the immigration consequences of his guilty plea. However, his isolated, passing reference in a supplement to his BIA brief was insufficient to put the agency on notice that this was an issue…