Mayra Martinez-Alfaro v. Eric Holder, Jr.

MEMORANDUM

Mayra Evelyn Martinez Alfaro, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protec- ' tion 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.

Substantial evidence supports the BIA’s denial of CAT relief because Martinez-Alfaro failed to establish it is more likely than not she would be tortured at the instigation of or with the acquiescence of the government if returned to El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008).

In denying Martinez-Alfaro’s asylum and withholding of removal claims, the BIA found Martinez-Alfaro failed to establish a nexus to a protected ground. When the BIA issued its decision, it did not have the benefit of this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013) (en banc), Cordoba…