Santos Echeverria v. Loretta E. Lynch

MEMORANDUM

The 90-day stay of proceedings in this case expired on June 15, 2015. Thus, the respondent’s motion to lift the stay is denied as moot.

Isidoro Pablo-Pablo, 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 (“U”) 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). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the agency’s denial of CAT relief because Pablo-Pablo 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 id. at 1073 .

In denying withholding of removal, however, the agency found Pablo-Pablo failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case, they did…