Telma Sanchez v. Loretta E. Lynch

MEMORANDUM

Telma Guadalupe Sanchez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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 factual findings. Tapia Madrigal v. Holder, 716 F.3d 499, 503 (9th Cir.2013). We deny in part and grant in part the petition for review, and we remand.

In denying CAT relief, the BIA found Sanchez did not establish that Salvadoran public officials have awareness of the harm she fears and have breached their legal responsibility to prevent it. The record does not compel a contrary conclusion. See Garcia-Milian v. Holder, 755 F.3d 1026, 1035 (9th Cir.2013) (evidence of government ineffectiveness in combating violence did not compel finding of acquiescence to torture). Thus, we deny the petition as to Sanchez’s CAT claim.

However, in denying Sanchez’s asylum and withholding of removal claims, the agency found Sanchez failed to establish past persecution or a fear of future…