Walter Ayala v. Loretta E. Lynch

MEMORANDUM

Walter A. Ayala, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) (No. 1271086), and also petitions for review of the BIA’s order denying his motion to reopen (No. 13-73784). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We review for abuse of discretion the BIA’s denial of a motion to reopen. Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005). We deny the petition for review in No. 12-71086 and grant the petition fob review in No. 13-73784, and we remand.

The government’s unopposed motions to extend time to file answering briefs in both petitions for review are granted. The briefs were filed on November 24, 2014.

With respect to petition No. 12-71086, substantial evidence supports the agency’s determination that Ayala failed to establish past persecution because his experiences of receiving a death threat and dirty…