Lopez-Cordona v. Holder, Jr., No. 09-71661 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of El Salvador, petitioned for review of a decision by the BIA affirming a decision of the IJ to deny petitioner's application for withholding of removal and withholding and deferral of removal under the Convention Against Torture (CAT). The court held that a conviction for residential burglary under California Penal Code 459 constituted a crime of violence and was a "particularly serious crime." Therefore, petitioner was ineligible for withholding of removal. The court also held that, although gang members beat up petitioner and his cousin in 2005, there was no evidence that those gang members knew petitioner or his cousin, nor that the gang members had any reason to hurt them. Further, there was no evidence that the gang members were looking for petitioner today. Therefore, petitioner failed to prove its was more likely than not that he would be tortured upon his return under the CAT. Accordingly, the petition was denied.
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