FILED
NOT FOR PUBLICATION JUN 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PEDRO ARTURO GUERRERO-REYES, No. 08-72233
a.k.a. Pedro Antonio Guerrero-Reyes,
Agency No. A096-191-739
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Pedro Arturo Guerrero-Reyes, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying his application for asylum, withholding
of removal, and protection under the Convention Against Torture (“CAT”). We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence.
Kamalyan v. Holder, 620 F.3d 1054, 1057 (9th Cir. 2010). We deny in part and
grant in part the petition for review, and we remand.
Substantial evidence supports the agency’s denial of CAT relief because
Guerrero-Reyes failed to establish it is more likely than not that he will be tortured
if returned to El Salvador. See 8 C.F.R. § 1208.16(c); Ahmed v. Keisler, 504 F.3d
1183, 1201 (9th Cir. 2007).
The agency found that even if Guerrero-Reyes suffered persecution in the
past, there has been a fundamental change in circumstances in El Salvador such
that he no longer has a well-founded fear of persecution. Substantial evidence does
not support the agency’s finding, because it failed to provide a sufficiently
individualized analysis of how country conditions will affect Guerrero-Reyes’
specific situation. See Garrovillas v. INS, 156 F.3d 1010, 1017 (9th Cir. 1998)
(“Information about general changes in the country is not sufficient.”); see also
Lopez v. Ashcroft, 366 F.3d 799, 805-807 (9th Cir. 2004). Accordingly, we grant
the petition as to Guerrero-Reyes’ asylum and withholding of removal claims, and
remand for further proceedings consistent with this disposition. See INS v.
Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
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Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
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