FILED
NOT FOR PUBLICATION
APR 25 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MOISES GUZMAN-MARROQUIN, ) No. 12-71680
)
Petitioner, ) Agency No. A201-174-875
)
v. ) MEMORANDUM*
)
LORETTA E. LYNCH, Attorney )
General, )
)
Respondent. )
)
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 6, 2016**
Pasadena, California
Before: FERNANDEZ and BEA, Circuit Judges, and GONZALEZ ROGERS,***
District Judge.
Moises Guzman-Marroquin, a native and citizen of Guatemala, petitions for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without oral
argument. Fed. R. App. P. 34(a)(2).
***
The Honorable Yvonne Gonzalez Rogers, District Judge for the U.S.
District Court for the Northern District of California, sitting by designation.
review of the Board of Immigration Appeals’ denial of his application for
Convention Against Torture (CAT)1 relief. We deny the petition.
Guzman asserts that the evidence compels the conclusion that he is entitled
to CAT relief. See Cole v. Holder, 659 F.3d 762, 770 (9th Cir. 2011); see also INS
v. Elias-Zacarias, 502 U.S. 478, 481 & n.1, 112 S. Ct. 812, 815 & n.1, 117 L. Ed.
2d 38 (1992). We disagree. We have carefully reviewed the record, and it does
not compel a determination that he would be tortured in Guatemala by or with the
acquiescence of the government. See Sinha v. Holder, 564 F.3d 1015, 1025–26
(9th Cir. 2009); Wakkary v. Holder, 558 F.3d 1049, 1067–68 (9th Cir. 2009). The
most it shows is that there are gang problems in Guatemala, and that he was
threatened and had his house tagged by a gang member after he danced with the
gang member’s girlfriend. He did not report the incidents to the police, because he
did not think they would help him.
We note that Guzman suggests that he was denied due process because his
counsel was not sufficiently experienced and knowledgeable and the IJ failed to
intervene in the proceedings to a greater extent. See Jacinto v. INS, 208 F.3d 725,
727–28 (9th Cir. 2000). However, Guzman did not raise that issue when he
1
United Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, adopted Dec. 10, 1984, S. Treaty Doc. No.
100-20 (1988), 1465 U.N.T.S. 85, implemented at 8 C.F.R. § 1208.18.
2
appealed to the BIA; the issue is, therefore, unexhausted. See Barron v. Ashcroft,
358 F.3d 674, 677–78 (9th Cir. 2004); Rashtabadi v. INS, 23 F.3d 1562, 1567 (9th
Cir. 1994).
Petition DENIED.
3