Felix Ventura-De Nerio; Krissia Yahmilet Nerio-Ventura; William Alexander Nerio- Ventura v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FELIX VENTURA-DE NERIO; KRISSIA
YAHMILET NERIO-VENTURA;
WILLIAM ALEXANDER NERIO-
VENTURA,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-71321
Agency Nos. A094-932-948
A094-932-949
A094-932-951
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Felix Ventura-De Nerio, Krissia Yahmilet Nerio-Ventura, and William
Alexander Nerio-Ventura, natives and citizens of El Salvador, petition for review
of the Board of Immigration Appeals’ order dismissing their appeal from an
FILED
DEC 18 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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immigration judge’s decision denying their applications 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, Rahimzadeh v. Holder, 613 F.3d 916, 920 (9th Cir.
2010), and we deny the petition for review.
The record does not compel the finding that the government of El Salvador
was or would be unwilling or unable to control the individuals petitioners fear.
See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir. 2005). The record does
not support petitioners’ contention that the agency failed to consider evidence or
engaged in speculation. Thus, petitioners’ asylum and withholding of removal
claims fail.
Substantial evidence supports the agency’s denial of petitioners’ CAT claims
because petitioners failed to establish it is more likely than not they would be
tortured by or with the consent or acquiescence of the government if returned to El
Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). The record
does not support petitioners’ contention that the agency engaged in speculation or
failed to consider their CAT claims properly. Finally, we reject petitioners’
11-71321 2

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contention that the background documents compel reversal of the agency’s CAT
determination.
PETITION FOR REVIEW DENIED.
11-71321 3

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