FILED
NOT FOR PUBLICATION JAN 19 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUIS ERWIN HUERTAS, No. 07-73254
Petitioner, Agency No. A073-170-852
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Luis Erwin Huertas, a native and citizen of Peru, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s decision denying his application for asylum and withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence,
*
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).
Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the
petition for review.
Substantial evidence supports the agency’s determination that Huertas did
not establish past persecution based on the threats to the organization where he
worked, and the incident when unidentified armed men stopped him in his car. See
Lim v. INS, 224 F.3d 929, 936-37 (9th Cir. 2000).
Substantial evidence also supports the agency’s determination that Huertas
failed to demonstrate a well-founded fear of future persecution because it is too
speculative he will be persecuted in Peru on account of a protected ground. See
Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (record evidence did not
show petitioner had objectively reasonable basis for future fear). Accordingly,
Huertas’ asylum claim fails.
Because Huertas failed to establish eligibility for asylum, he necessarily
failed to meet the more stringent standard for withholding of removal. See
Zehatye, 453 F.3d at 1190.
PETITION FOR REVIEW DENIED.
2 07-73254