RONY ESTUARDO ESCOBAR- INTERIANO, AKA Jose Ramirez-Ramos v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RONY ESTUARDO ESCOBAR-
INTERIANO, AKA Jose Ramirez-Ramos,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-71973
Agency No. A088-729-528
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Rony Estuardo Escobar-Interiano, 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 relief under the Convention Against Torture (“CAT”). We have
* 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).
FILED
APR 18 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008),
and we deny the petition for review.
Substantial evidence supports the agency’s determination that Escobar-
Interiano failed to establish that it is more likely than not that he will be subjected
to torture by or with the acquiescence of the Guatemalan government. See
Garcia-Milian v. Holder, 755 F.3d 1026, 1035 (9th Cir. 2014). The record does
not support Escobar-Interiano’s contention that the BIA failed to consider record
evidence. Thus, Escobar-Interiano’s CAT claim fails.
We decline Escobar-Interiano’s request to remand to the BIA in light of
Matter of Avetisyan, 25 I. & N. Dec. 688 (BIA 2012) and EOIR’s subsequent
policy memorandum, because Escobar-Interiano did not request administrative
closure to the agency.
PETITION FOR REVIEW DENIED.

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