Fredy Gamas Lopez v. Eric Holder, Jr.

MEMORANDUM

Fredy Gamas Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s 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 the agency’s 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 denial of Gamas Lopez’s CAT claim because Ga-mas Lopez failed to establish it is more likely than not he would be tortured by or with the consent or acquiescence of the Guatemalan government. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008). Thus, we deny the petition for review as to Gamas Lopez’s CAT claim.

The record compels the conclusion, however, that Gamas Lopez established his political neutrality was a central reason for the harms he suffered and fears. See Sangha v. INS, 103 F.3d 1482, 1488 (9th Cir.1997) (an applicant may establish a political opinion by establishing political…