Carlos Humberto Mendez Vasquez v. Eric Holder, Jr.

MEMORANDUM

Carlos Humberto Mendez Vasquez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, 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), and we review de novo due process claims, Liu v. Holder, 640 F.3d 918, 930 (9th Cir.2011). 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 Vasquez failed to establish that it is more likely than not he will be tortured by or with the acquiescence of the government of Guatemala. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008).

We reject Vasquez’s due process contention. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (petitioner must show error to establish a due process violation).

In denying Vasquez’s asylum and withholding of removal claims, the agency found Vasquez failed to establish a fear of…