Carrera-Virula

MEMORANDUM

Daniel Carrera-Virula, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision reversing the Immigration Judge’s grant of deferral of removal under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 , and we dismiss in part and deny in part the petition for review.

We review the BIA’s legal determinations de novo and its factual findings for substantial evidence. Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). The BIA’s decision must be upheld unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

The BIA’s conclusion that Carrera-Virula was not more likely than not to be tortured if removed to Guatemala is supported by substantial evidence, and the BIA applied the correct legal standard. See Reyes-Reyes v. Ashcroft, 384 F.3d 782, 788 (9th Cir.2004); Zheng, 332 F.3d at 1194-96 . There is no dispute that Carr-era-Virula was tortured before he left Guatemala nearly 30 years ago. Carrera-Virula testified, however, that if he returned to Guatemala he would move to the capital city, where he would “[pjrobably”…