Francisco Reyes-Corado v. Eric Holder, Jr.

MEMORANDUM

Petitioner Javier Reyes-Corado petitions for review of two BIA decisions denying his request for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Mr. Reyes contends that he is entitled to relief because, if he were to return to Guatemala, his country of citizenship, he would be killed by his paternal cousins. According- to Mr. Reyes, there is a feud within his extended family that stems from a conflict between his father Noe and his uncle Simon. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

First, CAT relief is not appropriate without a finding of government acquiescence. See 8 C.F.R. § 1208.18 (a)(1). Here, there is substantial evidence to support the agency’s conclusion of no government acquiescence. See Delgado v. Holder, 648 F.3d 1095, 1108 (9th Cir.2011); Zehatye v. Gonzales, 453 F.3d 1182, 1185 (9th Cir.2006). “Acquiescence of a public official requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his or her legal responsibility to intervene to prevent such activity.” 8 C.F.R. § 1208.18 (a)(7). “[Ajwareness…