FILED
NOT FOR PUBLICATION AUG 31 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CESAR AUGUSTO ORTIZ, No. 08-71295
Petitioner, Agency No. A072-684-387
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 23, 2010 **
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Cesar Augusto Ortiz, a native and citizen of Guatemala, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum and withholding
of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for
*
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).
substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir. 2000), and we deny
the petition for review.
Substantial evidence supports the agency’s determination that Ortiz did not
establish past persecution based on threats by the guerillas and a single instance of
mistreatment by soldiers. See id. at 936 (only in “certain extreme cases [have we]
held that repeated and especially menacing death threats can constitute a primary
part of a past persecution claim”). Substantial evidence also supports the agency’s
determination that Ortiz failed to establish a well-founded fear of future
persecution in light of changed country conditions following the 1996 peace
accords. See Molina-Estrada v. INS, 293 F.3d 1089, 1096-97 (9th Cir. 2002).
Because Ortiz did not establish eligibility for asylum, it necessarily follows
that he did not satisfy the more stringent standard for withholding of removal. See
Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
2 08-71295