Ana Gonzalez De Tejada v. Eric H. Holder Jr.

MEMORANDUM

Ana Rosa Gonzalez-De Tejada, a native and citizen of El Salvador, petitions 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 protection 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, 458 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 denial of Gonzales-De Tejada’s CAT claim, because she has not shown it is more likely than not she will be tortured by or with the consent or acquiescence of the government of El Salvador if she is returned. See Zheng v. Holder, 644 F.3d 829, 835 (9th Cir.2011).

Regarding the denial of Gonzales-De Tejada’s asylum and withholding of removal claims, substantial evidence does not support the IJ’s finding that there was “no credible evidence the government and police cannot or will not protect” petitioner, because evidence in the country reports indicated, among other things, that witnesses…