Anibal Martinez-Vasquez v. Loretta E. Lynch

MEMORANDUM

Aníbal Martinez-Vasquez, 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 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. Hu v. Holder, 652 F.3d 1011, 1016 (9th Cir.2011). We deny in part and we grant in part the petition for review, and we remand.

The record does not compel the conclusion that Martinez-Vasquez established changed or extraordinary circumstances to excuse his untimely 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). Thus, we deny Martinez-Vasquez’s petition as to his asylum claim.

Substantial evidence supports the agency’s denial of CAT relief because Martinez-Vasquez failed to show it is more likely than not he will be tortured with the consent or acquiescence of the Salvadoran government if returned to El Salvador. See Garcia-Milian v. Holder, 755 F.3d 1026,…