FILED
NOT FOR PUBLICATION JUL 31 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SERGIO PAULO HERNANDEZ No. 11-72072
GODINEZ,
Agency No. A075-659-683
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Sergio Paulo Hernandez Godinez, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s (“IJ”) 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”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85
(9th Cir. 2006), and we deny the petition for review.
The agency denied Hernandez Godinez’s claims for relief because he did not
establish a nexus to a protected ground and because of changed country conditions
in Guatemala. We reject Hernandez Godinez’s contention that the IJ did not
consider properly the magnitude of the Xaman massacre and did not consider the
on-going nature of the investigation into it in denying relief. Hernandez Godinez
does not otherwise challenge the agency’s denial of his claims for asylum,
withholding of removal and CAT relief. Thus, we deny the petition as to his
claims for relief.
PETITION FOR REVIEW DENIED.
2 11-72072