NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 19 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT MAXIMILIANO QUINTEROS No. 16-70259 HERNANDEZ,

Agency No. A028-697-675

Petitioner, v. MEMORANDUM* ROBERT M. WILKINSON, Acting Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 17, 2021** Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges.

Maximiliano Quinteros Hernandez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for deferral of removal under the Convention Against Torture (“CAT”). We have

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 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. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agency’s denial of deferral of removal under CAT because Quinteros Hernandez failed to show it is more likely than not he would be tortured or with the consent or acquiescence of the government if returned to Guatemala. See Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 895 (9th Cir. 2018) (denial of CAT relief was supported by substantial evidence because the record evidence did not compel a conclusion contrary to the agency); Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.

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