Elmer Bojorquez v. Eric Holder, Jr., No. 12-1697 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1697 ELMER FRANCISCO Bohorquez, JEREZ BOJORQUEZ, a/k/a Jerez Elmer Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: December 21, 2012 Decided: January 7, 2013 Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington, Virginia, for Petitioner. Stuart F. Delery, Acting Assistant Attorney General, Stephen J. Flynn, Assistant Director, Robert Michael Stalzer, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Elmer Francisco Jerez Bojorquez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals ( Board ) order dismissing his appeal of the immigration judge s ( IJ ) order denying Bojorquez s application for withholding of removal and protection under the Convention Against Torture ( CAT ). We have thoroughly examined the record and deny the petition for review. When assessing an alien s petition for review, we must uphold the Board s determination that an alien is not eligible for withholding of removal unless the Board s determination is manifestly contrary discretion. Mirisawo v. Holder, 599 F.3d 391, 396 (4th Cir. 2010) (quoting 8 to U.S.C. § law and 1252(b)(4)(D) an abuse (2006)). of Legal questions determined by the Board are reviewed de novo, see Li Fang Lin v. Mukasey, 517 F.3d 685, 691-92 (4th Cir. 2008), while the Board s reasonable contrary. factual adjudicator findings would are be conclusive compelled to unless decide to any the 8 U.S.C. § 1252(b)(4)(B) (2006); Crespin-Valladares v. Holder, 632 F.3d 117, 124 (4th Cir. 2011). Consequently, the Board s determination regarding eligibility for withholding of removal will be affirmed if it is supported evidence on the record considered as a whole. Zacarias, 502 U.S. 478, 481 (1992). 2 by substantial INS v. Elias- An alien is eligible for withholding of removal if he shows that, if he was returned to his native country, it is more likely than not that or freedom in opinion. Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 8 social particular U.S.C. alteration omitted). § religion, group, be membership (quoting race, would because a [his] life threatened 2004) of [his] 1231(b)(3)(A) nationality, or (2006)) political (internal Here, our review of the record convinces us that substantial evidence supported the Board s conclusion that the Guatemala-related incidents marshaled by Bojorquez failed to establish by a preponderance that he would be harmed if returned to El Salvador. We likewise find without merit Bojorquez s challenge to the denial of his CAT claim. Accordingly, dispense with contentions are oral we deny argument adequately the petition because presented in the the for facts review. We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 3
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