Schmidt Urrutia v. Holder

MEMORANDUM

Roberto Alfredo Schmidt Urrutia 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 relief under the Convention Against Torture (CAT). We deny the petition.

Where, as here, the BIA adopts the IJ’s decision and also adds its own reasons, we review both decisions. See Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005). The BIA’s findings are reviewed as the final agency action. Id. To the extent that the BIA simply affirms the IJ, we also review the IJ’s decision as if it were the final agency action. Id.

“[W]e review de novo the BIA’s determination of questions of law, except to the extent that deference is owed to its interpretation of the governing statutes and regulations.” Castillo-Cruz v. Holder, 581 F.3d 1154, 1158-59 (9th Cir.2009) (citations and internal quotation marks omitted). Factual findings underlying the BIA’s final order are reviewed for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). The BIA’s determinations regarding eligibility for asylum, withholding of removal, or…