Hernandez-Gonzalez

MEMORANDUM **

Gilberto Hernandez-Gonzalez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which dismissed his appeal of the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”).

We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Navas v. INS, 217 F.3d 646, 657 (9th Cir.2000), and we deny in part, grant in part, and remand.

We reject Hernandez-Gonzalez’s contention that the IJ and BIA were biased in their adjudication of his asylum and withholding of removal claims. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (“To prevail on a due process challenge ... [a petitioner] must show error and substantial prejudice.”). We deny Hernandez-Gonzalez’s related request for judicial notice.

Substantial evidence does not support the IJ’s adverse credibility determination because it is based on: improper speculation and conjecture regarding the implausibility of Hernandez-Gonzalez receiving death threats over a ten-year period, without the threats being carried out, see Shah v. INS, 220 F.3d…