Oscar Chupin Romero v. Loretta E. Lynch

MEMORANDUM

Eric De Leon-Sanchez, a native and citizen of Guatemala, 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. 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.

Substantial evidence supports the agency’s denial of De Leon-Sanchez’s CAT claim because he failed to establish it is more likely than not he would be tortured if returned to Guatemala. See id. at 1078 . Thus, we deny the petition for review as to De Leon-Sanchez’s CAT claim.

In denying De Leon-Sanchez’s asylum and withholding of removal claims, the agency found he failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case, they did not have the benefit of this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081…