Jairon Perez-Velasquez v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Jairon Perez-Velasquez v. Eric Holder, Jr., 588 F. App'x 674 (9th Cir. 2014)
Wallace, Leavy, Bybee

Jairon Perez-Velasquez v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Jairon Boanerges Perez-Velasquez, 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 (“IJ”) *675 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 for substantial evidence the agency’s 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-Velasquez does not challenge the agency’s determination that his asylum application was time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are deemed waived).

Substantial evidence supports the agency’s denial of Perez-Velasquez’s CAT claim because Perez-Velasquez failed to establish it is more likely than not he would be tortured by or with the consent or acquiescence (including the concept of willful blindness) of the government if returned to Guatemala. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). We reject Perez-Velasquez’s contention that the BIA did not properly consider his CAT claim.

In denying Perez-Velasquez’s withholding of removal claim, the agency found Perez-Velasquez failed to establish past persecution or a likelihood of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case they did not have the benefit of this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc), Cordoba v. Holder, 726 F.3d 1106 (9th Cir. 2013), and Pirir-Boc v. Holder, 750 F.3d 1077, 1079 (9th Cir. 2014), or the BIA’s decisions in Matter of M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I. & N. Dec. 208 (BIA 2014). Thus, we remand Perez-Velasquez’s withholding of removal claim to determine the impact, if any, of these decisions. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam). In light of this remand, we do not reach Perez-Velasquez’s remaining challenges to the agency’s denial of his withholding of removal claim at this time.

Each party shall bear its own costs for this petition for review.

PETITION FOR REVIEW DENIED in part; GRANTED in part; REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Jairon Boanerges PEREZ-VELASQUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished