Gustavo Molina v. Loretta E. Lynch

MEMORANDUM

Noe. De Jesus Lopez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for 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), and we deny the petition for review.

Substantial evidence supports the agency’s determination that Lopez failed to establish the government is unable or unwilling to control the individuals he fears. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (record did not compel finding petitioner faced persecution by forces the government was unwilling or unable to control); see also Truong v. Holder, 613 F.3d 938, 941-42 (9th Cir.2010) (per curiam) (same). Thus, Lopez’s withholding of removal claim fails.

Substantial evidence also supports the agency’s denial of Lopez’s CAT claim because he failed to establish it is more likely than not that he would be tortured by or with the consent or acquiescence of the…