Isidoro Pablo-Pablo v. Loretta E. Lynch

MEMORANDUM

Santos Nelson Echeverría, a native and citizen of El Salvador, 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 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. 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 Echever-ría 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 El Salvador. See id. at 1073 . We reject Echeverria’s contention that the agency’s consideration of his CAT claim was insufficient. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006).

In denying asylum and withholding of removal, however, the agency found Echeverría failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ…