Aldana-Hernandez

MEMORANDUM **

Petitioner Ana Patricia Aldana-Hernandez, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming the conclusion of the immigration judge (“IJ”) that Petitioner is subject to removal under 8 U.S.C. § 1227 (a)(2)(A)(iii) (conviction of an aggravated felony). Petitioner alleges error in the IJ’s determination that she could not demonstrate the requisite likelihood of persecution or torture to justify granting withholding of removal or relief under the Convention Against Torture (“CAT”). In addition, Petitioner alleges constitutional error in the BIA’s summary affirmance of the IJ’s decision.

This panel has jurisdiction over the petition for review of the BIA decision pursuant to 8 U.S.C. § 1252 . The denial of a petition for withholding of removal and relief under the CAT is reviewed under the “substantial evidence” standard, and may only be overturned if the evidence “was so compelling that no reasonable factfinder could fail” to reach the contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Since the underlying facts are known to the…