FILED
NOT FOR PUBLICATION JUN 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN CARLOS JUAREZ-MARTINEZ, No. 08-75056
Petitioner, Agency No. A098-436-820
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Juan Carlos Juarez-Martinez, a native and citizen of El Salvador, 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,
withholding of removal, and protection 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”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence, Rahimzadeh v. Holder, 613 F.3d 916, 920 (9th Cir. 2010), and we deny
the petition for review.
Juarez-Martinez testified to incidents in El Salvador perpetrated by drug
dealers and gang members because of his work at a drug rehabilitation center.
Substantial evidence supports the agency’s denial of Juarez-Martinez’s asylum
claim because he failed to demonstrate he was or will be harmed by forces the
government of El Salvador is unwilling or unable to control. See id. at 920-23; see
also Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir. 2005). Further, we
reject Juarez-Martinez’s contention that the BIA erred in failing to address whether
the harm he suffered rose to the level of persecution, because “[i]n order to
establish eligibility for asylum on the basis of past persecution,” Juarez-Martinez
must show that the incidents were “committed by the government or forces the
government is either ‘unable or unwilling’ to control.” Navas v. INS, 217 F.3d
646, 655-656 (9th Cir. 2000). To the extent Juarez-Martinez claims he is entitled
to humanitarian asylum, this claim fails because he did not establish past
persecution. See 8 C.F.R. § 1208.13(b)(1)(iii).
2 08-75056
Because Juarez-Martinez failed to establish eligibility for asylum, he
necessarily failed to meet the more stringent standard for withholding of removal.
See Castro-Perez, 409 F.3d at 1072.
Finally, substantial evidence supports the agency’s denial of Juarez-
Martinez’s CAT claim because he failed to establish a likelihood of torture by or
with the acquiescence of government officials if returned to El Salvador. See
Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.
3 08-75056