Julio Luis v. Loretta E. Lynch

MEMORANDUM

Julio Primero Luis, 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 de novo questions of law and for substantial evidence the agency’s factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

Luis’s opposed request for a referral to mediation is denied.

Substantial evidence supports the agency’s denial of CAT relief because Luis failed to establish it is more likely than not he would be tortured at the instigation of or with the acquiescence of the government if returned to Guatemala. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008).

As to asylum and withholding of removal, Luis only contends he faced past harm and fears future harm as an indigenous individual and a member of the Achi tribe. Substantial evidence supports the agency’s determination that the incidents of…