Carlos Martinez Dominguez v. Eric Holder, Jr.

MEMORANDUM

Carlos Alberto Martinez Dominguez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo its legal conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny in part and grant in part the petition for review, and we remand.

Substantial evidence supports the agency’s denial of CAT relief because Martinez Dominguez failed to establish it is more likely than not he will be tortured if returned to Guatemala. See Santos-Lemus, 542 F.3d at 747-48 .

With respect to his asylum and withholding of removal claims, Martinez Dominguez claims he will be persecuted, in part, on his willingness to testify to war crimes in Guatemala. Substantial evidence supports the agency’s conclusion that Martinez Dominguez failed to establish a well-founded fear of future persecution on the basis that he would be willing to…