Edwin Guerra-Asmtian v. Eric Holder, Jr.

MEMORANDUM

Ulises Guardado Ordonez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection 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), and for abuse of discretion the BIA’s denial of a motion to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007). 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 Guardado Ordonez 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). Further, as to CAT relief, the BIA did not abuse its discretion in denying Guardado Ordonez’s motion to remand. See Cano-Merida v. INS, 311 F.3d 960, 966 (9th Cir.2002) (evidence in…