Delgado

Background

Delgado, a native and citizen of El Salvador, entered the United States on a nonimmigrant visitor visa over twenty years ago. In July 2001, the Immigration and Naturalization Service (“INS”)2 initiated removal proceedings against him because he had overstayed his visa. Delgado conceded remov- ability but sought asylum, withholding of removal, CAT with- holding and deferral, cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), and suspension of deportation.

The Immigration Judge (“IJ”) denied Delgado’s request for CAT deferral, finding that Delgado had failed to show that he was more likely than not to be tortured if removed to El Sal- 2 Effective March 1, 2003, the functions of the INS were transferred to the Department of Homeland Security. See Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (Nov. 25, 2002). This transfer has no effect on the review of Delgado’s case. DELGADO v. MUKASEY 14277 vador. The IJ also found that each of Delgado’s three prior felony DUI convictions constituted a “particularly serious crime” that barred him from eligibility for asylum under 8 U.S.C. §…