John Umale v. Eric Holder, Jr.

MEMORANDUM

Servelio Alcides Membreno Mejia, a native and citizen of Honduras, 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 BIA’s denial of CAT relief because Membreno Mejia failed to establish that it is more likely than not he will be tortured by or with the acquiescence of the government of Honduras. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008); Singh v. Ashcroft, 351 F.3d 435, 443 (9th Cir.2003) (petitioner could avoid torture through relocation). Membreno Mejia’s contention that the agency failed to consider the expert report is not supported by the record.

In denying Membreno Mejia’s withholding of removal claim, the agency found Membreno Mejia failed to establish past persecution or a fear of future…