Nieto-Obando

MEMORANDUM **

Luis Alberto Nieto-Obanto petitions for review of the decision of the Board of Appeals (“BIA”) adopting and affirming the immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The IJ determined that Nieto-Obando was credible but ineligible for asylum because he did not establish that past harm rose to the level of persecution or that he had an objectively reasonable fear of future persecution. The IJ held, however, that if Nieto-Oban-do had successfully shown eligibility, “there is no negative consideration that would militate against a grant of asylum.” The BIA adopted and affirmed the IJ’s asylum decision, and found that Nieto-Obando waived his withholding and CAT relief claims on appeal. The government agreed during oral argument that the IJ has decided all issues relating to asylum, including that Nieto-Obanto would be entitled to the discretionary grant of asylum if he were eligible.

We review for substantial evidence the IJ’s factual determination that Nieto-Obando has not established eligibility for asylum. See Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006). We…