Sofio Sorto-Rodriguez v. Eric Holder, Jr.

MEMORANDUM

Jorge Guadalupe Moreno Ramirez, a native and citizen of Mexico, 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 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 BIA’s denial of CAT relief because Moreno Ramirez failed to establish that it is more likely than not that he will be tortured by or with the consent or acquiescence of the Mexican government. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008).

In denying Moreno Ramirez’s asylum and withholding of removal claims, the agency found he failed to establish past persecution or a fear of future persecution on account of a protected ground. The BIA did not consider the impact, if any, of this court’s recent decision in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013)…