MEMORANDUM ***

Moisés Guzman-Marroquin, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ denial of his application for Convention Against *448 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 appealed to the BIA; the issue is, therefore, unex-hausted. 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.