Jairon Perez-Velasquez v. Eric Holder, Jr.

MEMORANDUM

Jairon Boanerges Perez-Velasquez, 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 (“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. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

Perez-Velasquez does not challenge the agency’s determination that his asylum application was time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived).

Substantial evidence supports the agency’s denial of Perez-Velasquez’s CAT claim because Perez-Velasquez failed to establish it is more likely than not he would be tortured by or with the consent or acquiescence (including the concept of willful blindness) of the government if returned to Guatemala. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008). We reject Perez-Velasquez’s…