Edgar Rolando Marroquin Veliz 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NOT FOR PUBLICATION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
EDGAR ROLANDO MARROQUIN
VELIZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73380
Agency No. A070-940-153
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010**
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Edgar Rolando Marroquin Veliz, 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
under the Convention Against Torture (“CAT”). We have jurisdiction under 8
FILED
NOV 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-73380 2
U.S.C. § 1252. We review for substantial evidence, Silaya v. Mukasey, 524 F.3d
1066, 1070 (9th Cir. 2008), and we deny the petition for review.
The BIA, applying the “willfull blindness” test of acquiescence, found
Marroquin Veliz failed to establish “that he is more likely than not to be tortured
by, or with the acquiescence of, anyone within governmental authority” upon
return to Guatemala. Substantial evidence supports the BIA’s denial of CAT relief.
See Sinha v. Holder, 564 F.3d 1015, 1026 (9th Cir. 2009); Silaya, 524 F.3d at
1070.
We reject Marroquin Veliz’s contention that the agency ignored the evidence
of country conditions in the Country Report because he has not overcome the
presumption that the agency reviewed the record. See Fernandez v. Gonzalez, 439
F.3d 592, 603 (9th Cir. 2006). We also reject Marroquin Veliz’s contention that
the BIA engaged in improper factfinding, because it is belied by the record.
PETITION FOR REVIEW DENIED.

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