Jose Valdes Moreno v. Loretta E. Lynch

MEMORANDUM

Jose Enrique Valdes Moreno and Enrique de Jesus Valdes, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to remand. We have jurisdiction under 8 U.S.C. § 1252 ; We review for abuse of discretion the denial of a motion to remand. Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007). We deny the petition for review.

The BIA did not abuse its discretion in denying petitioners’ motion to remand, where petitioners failed .to establish prima-facie eligibility for asylum, withholding of removal, or protection under the Convention Against Torture (“CAT”). See Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir. 2005) (an applicant must generally show an individualized, rather than a generalized, risk of persecution to establish prima facie eligibility for asylum or withholding); Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (an applicant must establish it is more likely than not they would be tortured in the country of removal to establish prima facie eligibility for protection under CAT).

We reject petitioners’ contention that the BIA failed to fully evaluate their arguments. See…