Moreira

MEMORANDUM

James Leonard Reynaga Estella, a native and citizen of Peru, 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 denial of Reynaga’s CAT claim, because he has not shown it is more likely than not he will be tortured by or with the consent or acquiescence of the government of Peru if he is returned. See Delgado v. Holder, 648 F.3d 1095, 1108 (9th Cir.2011) (en banc).

We reject Reynaga’s contention that the BIA abused its discretion by relying on boilerplate language, as it is contradicted by the record.

In denying Reynaga’s asylum and withholding of removal claims, the agency found Reynaga failed to establish a well-founded fear of future persecution on account of a protected ground. When…