Isidro Jimenez v. Eric Holder, Jr.

MEMORANDUM

Isidro Perez Jimenez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and grant in part the petition for review, and we remand.

Perez Jimenez’s account of his and his family’s experiences as Mam Mayans during the Guatemalan civil war includes multiple instances of mistreatment by government soldiers, including the abduction and injury of his father and home invasions in which he and his mother were threatened. The BIA, treating Perez Jimenez as credible, rejected all of his claims for relief.

Substantial evidence supports the BIA’s denial of CAT relief because Perez Jimenez failed to establish it is more likely than not he would be tortured at the instigation of or with the acquiescence of the government if returned to Guatemala. See…