Mario Alexander Bernabe Lorenzo v. ROBERT M. WILKINSON, Acting Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIO ALEXANDER BERNABE
LORENZO,
Petitioner,
v.
ROBERT M. WILKINSON, Acting
Attorney General,
Respondent.
No. 20-70235
Agency No. A206-448-521
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2021**
San Francisco, California
Before: McKEOWN and IKUTA, Circuit Judges, and ERICKSEN,*** District
Judge.
FILED
MAR 10 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Joan N. Ericksen, United States District Judge for the
District of Minnesota, sitting by designation.

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Mario Alexander Bernabe Lorenzo, a native and citizen of Guatemala, seeks
review of a decision of the Board of Immigration Appeals (BIA) affirming the
decision of an Immigration Judge (IJ) to deny Lorenzo’s application for asylum,
withholding of removal, and relief under the Convention Against Torture (CAT).
We have jurisdiction under 8 U.S.C. § 1252(a)(1), and we deny the petition for
review.
Substantial evidence supports the agency’s determination that Lorenzo could
relocate safely and reasonably to Huehuetenango, which defeats Lorenzo’s
applications for asylum and withholding of removal. 8 U.S.C. § 1231(b)(3)(A); 8
C.F.R. § 1208.13(b)(1), (3) (2019); 8 C.F.R. § 1208.16(b)(1), (3) (2019); see Singh
v. Whitaker, 914 F.3d 654, 659, 661 n.2 (9th Cir. 2019). Lorenzo had previously
relocated to Huehuetenango, where he resided for 20 months without harm from
any security committee or other persecutor, completed Spanish-language high
school, and secured employment despite discrimination suffered due to his Mam
Mayan ethnicity. The record does not support Lorenzo’s contention that the local
security committees coordinate their activities nationwide. Therefore, the
government overcame the presumption of a well-founded fear of future persecution
and the unreasonableness of relocation.
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Because Lorenzo could safely relocate to Huehuetenango, substantial
evidence also supports the agency’s determination that Lorenzo failed to establish
that it was more likely than not that he would be tortured upon his return to
Guatemala. 8 C.F.R. § 1208.16(c)(2)–(3) (2019); cf. Xochihua-Jaimes v. Barr, 962
F.3d 1175, 1186 (9th Cir. 2020).
Contrary to Lorenzo’s argument, the record demonstrates the IJ’s
consideration of record evidence regarding government involvement with local
security committees and Guatemala’s country conditions. Therefore, Lorenzo fails
to overcome the presumption that the agency reviewed all evidence of record. See
Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir. 2006) (presumption for the
BIA); Fakhry v. Mukasey, 524 F.3d 1057, 1066 n.12 (9th Cir. 2008) (presumption
for the IJ).
PETITION DENIED.
3

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