Andrade v. Lynch, No. 12-70803 (9th Cir. 2015)
Annotate this CasePetitioner, a native and citizen of El Salvador, petitioned for review of the BIA's affirmance of the IJ's denial of his application for deferral of removal under the Convention Against Torture. The BIA held that petitioner had not established a likelihood that he would be tortured upon his return to El Salvador, or that its government would perpetrate or turn a blind eye to the torture. The court concluded that substantial evidence supported the BIA’s denial of relief on the ground that defendant’s individual characteristics, being deported from a richer country and bearing non-gang tattoos, failed to establish a probability of torture upon his return to El Salvador. Accordingly, the court denied the petition.
Court Description: Immigration. The panel denied a petition for review of the Board of Immigration Appeals’ denial of deferral of removal under the Convention Against Torture. The panel held that the evidence did not compel the conclusion that petitioner established it was more likely than not he would be tortured in El Salvador due to his non-gang tattoos.
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