NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 13 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MARVIN ALEXANDER BARRIOS, No. 07-74435
Petitioner, Agency No. A076-371-041
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 5, 2012**
Pasadena, California
Before: KOZINSKI, Chief Judge, TROTT and THOMAS, Circuit Judges.
Marvin Alexander Barrios, a native and citizen of Guatemala, petitions for
review of a decision of the Board of Immigration Appeals vacating the
immigration judge’s grant of asylum and withholding of removal. Subsequently,
*
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).
he was denied relief pursuant to the Convention Against Torture (“CAT”). We
deny his petition.
Barrios was neither persecuted nor tortured in Guatemala. Therefore, he is
not entitled to a rebuttable presumption that he will be persecuted in the future
should he be returned. See 8 C.F.R. § 1208.13(b)(1). In addition, the record does
not compel the conclusion (1) that he adequately demonstrated a well-founded fear
of future persecution on account of a protected ground, i.e., his membership in a
particular social group, (2) that he is a member of a group disfavored in his
country, or (3) that it is more likely than not that he would be persecuted should he
return. See INS v. Elias-Zacarias, 502 U.S. 478, 481 n.1, 483-84 (1992); Wakkary
v. Holder, 558 F.3d 1049, 1062-64 (9th Cir. 2009). Substantial evidence supports
the Board’s final decision and order, including its determination that he is not
entitled to CAT protection.
PETITION DENIED.
2