FILED
NOT FOR PUBLICATION OCT 01 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEX MANRIQUE DE LEON, a.k.a. No. 12-73172
Carlos De La Cruz-Maya, a.k.a. Alex
Manrique De Leo Morales, Agency No. A079-768-096
Petitioner,
MEMORANDUM*
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Alex Manrique De Leon, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for
*
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).
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. Zehatye v. Gonzales, 453 F.3d 1182,
1184-85 (9th Cir. 2006). 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 De
Leon did not establish that it is more likely than not that he would be tortured by or
with the consent or acquiescence of the Guatemalan government. See Silaya v.
Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
In denying De Leon’s withholding of removal claim, the agency found he
failed to establish past persecution or a fear of future persecution on account of a
protected ground. When the BIA and IJ issued its decisions, they did not have the
benefit of this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th
Cir. 2013) (en banc), Cordoba v. Holder, 726 F.3d 1106 (9th Cir. 2013), and Pirir-
Boc v. Holder, 750 F.3d 1077 (9th Cir. 2014), or the BIA’s decisions in Matter of
M-E-V-G-, 26 I. & N. Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I. & N.
Dec. 208 (BIA 2014). Thus, we remand De Leon’s withholding of removal claim
to determine the impact, if any, of these decisions. See INS v. Ventura, 537 U.S.
12, 16-18 (2002) (per curiam).
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Each party shall bear their own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
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