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, and CAT withholding and deferral.3 The Immigration Judge (“IJ”) denied Delgado’s request for CAT deferral, finding that Del- 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. 3 Delgado also sought cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), and suspen- sion of deportation, but he has not sought review of the denial of those forms of relief. 4372 DELGADO v. HOLDER gado had failed to show that he was more likely than not to be tortured if removed to El Salvador. The IJ also found that each of Delgado’s three prior felony DUI convictions consti- tuted…