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QUINTEROS HERNANDEZ v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.2021-02-19No. No. 16-70259

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Opinion

MEMORANDUM **

Maximiliano Quinteros Hernandez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judges decision denying his application for deferral of removal under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agencys factual findings. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agencys denial of deferral of removal under CAT because Quinteros Hernandez failed to show it is more likely than not he would be tortured or with the consent or acquiescence of the government if returned to Guatemala. See Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 895 (9th Cir. 2018) (denial of CAT relief was supported by substantial evidence because the record evidence did not compel a conclusion contrary to the agency); Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.