Bustillo-Fuentes
Bustillo-Fuentes v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Lucio Enrique Bustillo-Fuentes (“Bus-tillo-Fuentes”), a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We review for substantial evidence, and we reverse only if the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.
Substantial evidence supports the BIA’s conclusion that Bustillo-Fuentes was firmly resettled in Spain prior to his arrival in the United States. See 8 U.S.C. § 1158 (b)(2)(A)(vi). The record shows that: (1) prior to his last entry into the United States, Bustillo-Fuentes was issued a Spanish passport; and (2) by virtue of his father’s citizenship, Bustillo-Fuentes is considered a Spanish national and “can enter and reside in Spain[.]” Accordingly, because Bustillo-Fuentes was firmly resettled in Spain before entering the United States, he is barred from seeking asylum. See Maharaj v. Gonzales, 450 F.3d…