Khammany

MEMORANDUM

Sivanheuang Khammany, a native and citizen of Laos, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and review de novo questions of law. Bromfield v. Mukasey, 543 F.3d 1071, 1076 (9th Cir.2008). We deny in part and grant in part the petition for review, and remand for further proceedings.

Substantial evidence supports the BIA’s determination that Khammany has not established it is more likely than not he will face future persecution if returned to Laos. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (upholding the denial of withholding of removal where the possibility of future persecution was speculative). Accordingly, Khammany’s withholding of removal claim fails.

Substantial evidence also supports the BIA’s denial of relief under the Convention Against Torture because Khammany failed to establish that it is more likely than not he will be tortured by or with the acquiescence of the government of Laos. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th…