Cesar Augusto Cisneros- Valdez v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CESAR AUGUSTO CISNEROS-
VALDEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-72332
Agency No. A027-551-191
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Cesar Augusto Cisneros-Valdez, 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 decision denying his application for protection
FILED
MAR 02 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-72332 2
under the Convention Against Torture (“CAT”). We have jurisdiction under 8
U.S.C. § 1252. We review for substantial evidence factual findings. Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for
review.
Substantial evidence supports the BIA’s denial of CAT relief because
Cisneros-Valdez failed to establish it is more likely than not he would be tortured
at the instigation or with the acquiescence of the Guatemalan government. See
Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). We reject Cisneros-
Valdez’s contention that the agency did not consider the State Department country
report as he has not overcome the presumption that it considered this evidence.
See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006). Accordingly,
Cisneros-Valdez’s CAT claim fails.
PETITION FOR REVIEW DENIED.

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