Jose Munguia v. Eric H. Holder Jr

MEMORANDUM

Jose Neftali Munguia (Munguia) and his children, Arquimides Del Carmen Munguia Vasquez, Teresa de Jesus Munguia Vasquez and Jose Neftali Munguia Vasquez, natives and citizens of El Salvador, petition pro se for review of a Board of Immigration Appeals order dismissing their appeal of an immigration judge’s (IJ) decision denying their application for asylum, withholding of removal and protection under the Convention Against Torture (CAT). Munguia also petitions for review of the Board’s order dismissing his appeal of the Id’s denial of his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review factual findings for substantial evidence. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We dismiss in part and deny in part the petition for review.

Substantial evidence supports the Board’s denial of asylum and withholding of removal because Munguia failed to show that the guerillas’ attempt to recruit him was on account of a protected ground. See Elias-Zacarias, 502 U.S. at 481-82 , 112 S.Ct. 812 .

Substantial evidence also supports the Board’s denial of CAT relief based on the Board’s finding…