Luis Osorio-Gutierrez v. Eric Holder, Jr.

MEMORANDUM

Douglas Armando Linarez de Leon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) 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 Linarez de Leon’s CAT claim because Linarez de Leon failed to show it is more likely than not he would be tortured by the Guatemalan government, or with its consent or acquiescence. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008). Thus, Linarez de Leon’s CAT claim fails.

In denying Linarez de Leon’s asylum and withholding of removal claims, the agency found Linarez de Leon failed to establish a nexus to a protected ground. When the IJ and BIA issued their decisions in this case, they did not have the benefit of this court’s decisions in…