Velasco
Velasco v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM *
Jorge Velasco petitions for review of the denial by the Board of Immigration Appeals (“BIA”) of his application for relief from deportation pursuant to the Convention Against Torture (“CAT”). 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we deny the petition. Because the facts are familiar to the parties, we do not recite them here.
We conclude that reinstatement of Velasco’s 1988 deportation order was proper under 8 U.S.C. § 1231 (a)(5). Velasco does not deny that notice may have been received at the address he had provided to the INS and has not established that the INS sent no notice. Velasco bore the obligation to inform the INS of any address change. 2 His failure to do so does not preclude the application of § 1231(a)(5), neither does reinstatement of the deportation order in these circumstances constitute a due process violation.
We also conclude that the BIA correctly rejected Velasco’s petition for CAT relief. Velasco did not show that it was “more likely than not that he ... would be tortured if removed to” El Salvador. 4 In addition, he failed to establish that “gross, flagrant, or mass violations of human rights” exist in El Salvador;…