Fonseca

MEMORANDUM ***

Cirilo Fonseca, his wife, Rosa, and their three adult children, Andres, Blanca, and Marcos, natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals (“BIA”), dismissing their appeal from an immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and we deny the petition for review.

The BIA did not deny Fonseca due process by failing to address whether he is entitled to a humanitarian grant of asylum based on being threatened, harassed, and beaten once by the Mexican police because this treatment did not constitute the type of atrocious torture successful applicants have demonstrated. See Kumar v. INS, 204 F.3d 931, 934-35 (9th Cir.2000); Iturribarria v. INS, 321 F.3d 889, 902-03 (9th Cir.2003). Fonseca’s contention that the BIA was obligated to sua sponte remand this matter to the IJ lacks merit. See Valderrama-Fonseca v. INS, 116 F.3d 853, 857 (9th Cir.1997).

*325 Substantial evidence…