FILED
NOT FOR PUBLICATION JUL 22 2011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 HERNANDEZ- No. 09-73684
MARINERO,
Agency No. A098-596-801
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 12, 2011 **
Before: SCHROEDER, ALARCÓN , and LEAVY, Circuit Judges.
Juan Carlos Hernandez-Marinero, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from the immigration judge’s decision denying his application for asylum
and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
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).
review for substantial evidence the agency’s factual findings. Santos-Lemus v.
Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We deny the petition for review.
Substantial evidence supports the agency’s finding that Hernandez-Marinero
failed to establish past persecution or a well-founded fear of future persecution
because the isolated assault by unknown assailants was not on account of a
protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481 & n.1 (1992).
Accordingly, Hernandez-Marinero’s asylum and withholding of removal claims
fail. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
09-73684