FILED
NOT FOR PUBLICATION JUN 17 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CESAR AQUINO-CARRILLO, No. 09-72569
Petitioner, Agency No. A098-950-315
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Cesar Aquino-Carrillo, a native and citizen of Guatemala, 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 have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.
2006). We deny the petition for review.
Even if Aquino-Carrillo established an exception to excuse his untimely
asylum application, substantial evidence supports the agency’s finding that
Aquino-Carrillo failed to show the government of Guatemala was or would be
unwilling or unable to control the people he fears. See Truong v. Holder, 613 F.3d
938, 941 (9th Cir. 2010) (per curiam) (record did not compel finding petitioners
faced persecution by the government or forces the government was unwilling or
unable to control). Thus, Aquino-Carrillo’s asylum claim fails.
Because Aquino-Carrillo did not meet the lower burden of proof for asylum,
his claim for withholding of removal necessarily fails. See Zehatye, 453 F.3d at
1190.
Finally, substantial evidence supports the agency’s finding that Aquino-
Carrillo failed to establish it is more likely than not that he would be tortured with
the consent or acquiescence of the government if returned to Guatemala. See
Santos-Lemus v. Mukasey, 542 F.3d 738, 747-48 (9th Cir. 2008). Thus, Aquino-
Carrillo’s CAT claim fails.
PETITION FOR REVIEW DENIED.
2 09-72569