Jose Marmol Bernabe v. Loretta E. Lynch

MEMORANDUM

Jose Marmol Bernabe, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s denial of his application for asylum, withholding of removal, relief under the Convention Against Torture, and cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Substantial evidence supports the BIA’s conclusion that the persecutor bar applies, rendering Bernabe ineligible for relief from removal. See Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005); see also 8 U.S.C. § 1231 (b)(3)(B)(i); 8 C.F.R. §§ 1208.13 (c)(2)(i)(E), 1208.16(d)(2), 1240.66(a). The BIA correctly concluded that Bernabe’s conduct established that he was “individuality] accountable]” for the actions he took as a member of the National Police. Miranda Alvarado v. Gonzales, 449 F.3d 915, 926 (9th Cir.2006) (internal citation and quotation marks omitted). During his time in the National Police, Bernabe arrested guerrillas and was responsible for taking their declarations and preparing a report that was given to his…