Angel Alvarez-Leon v. Eric Holder, Jr.

MEMORANDUM

Angel Alvarez-Leon, a native and citizen of Mexico, 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s.factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008). We deny in part, dismiss in part, and grant in part the petition for review, and we remand.

The BIA correctly found Alvarez-Leon’s asylum claim was time-barred. The record does not support Alvarez-Leon’s contention that the BIA failed to address changed circumstances, including the issues he raised in his brief to the BIA. We lack jurisdiction to review Alvarez-Leon’s contention that the IJ failed to consider changed circumstances because he did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Substantial evidence supports the agency’s denial of CAT relief because Alvarez-Leon failed to establish it is more likely than not he would be tortured at the…