FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PAULO ARTURO OROZCO-FUENTES, No. 08-71033
Petitioner, Agency No. A070-929-926
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Paulo Arturo Orozco-Fuentes, a native and citizen of Guatemala, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
his appeal from the immigration judge’s (“IJ”) decision denying his application for
asylum, withholding of removal, and relief under the Convention Against Torture
*
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).
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings and review its legal conclusions
de novo. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We deny
the petition for review.
Orozco-Fuentes testified that he resisted the guerrillas’ and Guatemalan
army’s attempts to recruit him. Substantial evidence supports the IJ’s denial of
asylum because Orozco-Fuentes failed to establish past persecution or a well-
founded fear of future persecution on account of a protected ground. See Elias-
Zacarias v. INS, 502 U.S. 478, 481-82 (1992) (forced recruitment by guerrillas,
without more, does not amount to persecution); Pedro-Mateo v. INS, 224 F.3d
1147, 1150-51 (9th Cir. 2000) (attempts by military and guerillas to recruit
Guatemalan not persecution absent evidence of discriminatory purpose).
We lack jurisdiction to consider Orozco-Fuentes’ request for humanitarian
relief because he did not raise this claim to the IJ or BIA. See Barron v. Ashcroft,
358 F.3d 674, 677-78 (9th Cir. 2004).
Because Orozco-Fuentes failed to establish his eligibility for asylum, he
necessarily fails to meet the more stringent standard for withholding of removal.
See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
08-71033
Finally, substantial evidence supports the IJ’s denial of CAT relief because
Orozco-Fuentes failed to establish it is more likely than not he will be tortured if
returned to Guatemala. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.
2005).
PETITION FOR REVIEW DENIED.
08-71033