Gomez

MEMORANDUM *

Roberto Yupanqui Gomez (“Gomez”), petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, dismissing his appeal of the immigration judge’s (“U”) denial of his application for asylum and withholding of removal and for protection under the Convention Against Torture (“CAT”). We review the BIA’s decision for substantial evidence and will reverse “only if the applicant shows that the evidence compels the conclusion that the asylum decision was incorrect.” Gu v. Gonzales, 429 F.3d 1209, 1212-13 (9th Cir.2005) (citations omitted). We deny the petition in part and grant it in part.

I

Substantial evidence supports the BIA’s conclusion that the petitioner was ineligible for asylum and withholding of removal because he assisted or otherwise participated in the persecution of others during his service with military intelligence in Peru. He had a high-ranking position and his duties, according to his asylum application, were to go into the field with fellow agents “and capture subversive elements, obtain information by any means and eliminate the element.” The record is undisputed that, when he was working as a military intelligence officer, he communicated…

concurring in part and dissenting in part.

I concur in the remand to the BIA to consider deferral of removal under the CAT. I respectfully disagree with the majority’s conclusion that the petitioner was statutorily ineligible for asylum and withholding of removal. Unlike the circumstances involved in Miranda Alvarado, the record does not support the conclusion that any of the information obtained by the petitioner directly resulted in the persecution of others. Thus, I would grant the petition for review on the asylum and withholding of removal claims, as well as the CAT claim.