Jose Ayala v. Loretta E. Lynch

MEMORANDUM

Oscar Manuel Chupín Romero, a native and citizen of El Salvador, petitions pro se 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. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008). We deny in part and grant in part the petition for review, and we remand.

The record does not compel the conclusion that Chupín Romero established changed or extraordinary circumstances excusing the untimely filing of his asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); see also Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam).

Further, substantial evidence supports the agency’s denial of CAT relief because Chupín Romero failed to establish it is more likely than not he would be tortured at the instigation of or with the acquiescence of the government if returned to El Salvador. See id. at 1073.

In denying Chupín Romero’s withholding of removal claim,…