Rafael Cacatzum-Sanchez v. Eric Holder, Jr. , 542 F. App'x 682 ( 2013 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            OCT 21 2013
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    RAFAEL CACATZUM-SANCHEZ,                         No. 12-70669
    Petitioner,                       Agency No. A088-514-224
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted October 15, 2013 **
    Before:        FISHER, GOULD, and BYBEE, Circuit Judges.
    Rafael Cacatzum-Sanchez, a native and citizen of Guatemala, petitions pro
    se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
    appeal from an immigration judge’s decision denying his application for asylum,
    withholding of removal, and protection under the Convention Against
    *
    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).
    Torture (“CAT”). Our jurisdiction is governed by 
    8 U.S.C. § 1252
    . We review for
    substantial evidence the agency’s factual findings, Rahimzadeh v. Holder, 
    613 F.3d 916
    , 920 (9th Cir. 2010), and we dismiss in part and deny in part the petition for
    review.
    We lack jurisdiction to review Cacatzum-Sanchez’s contention that changed
    circumstances excused the untimely filing of his asylum application because he
    failed to raise it to the BIA. See Barron v. Ashcroft, 
    358 F.3d 674
    , 678 (9th Cir.
    2004).
    We also lack jurisdiction to review Cacatzum-Sanchez’s procedural due
    process claims related to translation problems, exclusion of testimony and alleged
    IJ bias, and his ineffective assistance of counsel claim. See 
    id.
    Cacatzum-Sanchez testified he did not report his neighbors’ attack to the
    police. Cacatzum-Sanchez’s cousin, a local government official, testified at the
    hearing that he would have been able to help Cacatzum-Sanchez had he known
    about the incident. The record does not compel the conclusion that the Guatemalan
    government is unable or unwilling to protect Cacatzum-Sanchez from harm by his
    neighbors. See Rahimzadeh, 
    613 F.3d at 920-21
    . Accordingly, his withholding of
    removal claim fails.
    2                                   12-70669
    Substantial evidence supports the agency’s denial of CAT relief because
    Cacatzum-Sanchez did not establish that he will be tortured by the Guatemalan
    government or with its consent or acquiescence. See Silaya v. Mukasey, 
    524 F.3d 1066
    , 1073 (9th Cir. 2008).
    Finally, we lack jurisdiction to consider Cacatzum-Sanchez’s contention that
    his case warrants a favorable exercise of prosecutorial discretion. See Vilchiz-Soto
    v. Holder, 
    688 F.3d 642
    , 644 (9th Cir. 2012) (order).
    PETITION FOR REVIEW DISMISSED in part; DENIED in part.
    3                                   12-70669
    

Document Info

Docket Number: 12-70669

Citation Numbers: 542 F. App'x 682

Filed Date: 10/21/2013

Precedential Status: Non-Precedential

Modified Date: 1/13/2023