FILED
NOT FOR PUBLICATION AUG 22 2011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
SAMUEL AGUILAR-ORTIZ, No. 08-73206
Petitioner, Agency No. A078-433-365
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Samuel Aguilar-Ortiz, 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). Accordingly, Aguilar-Ortiz’s
request for oral argument is denied.
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence, 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 finding that the threats and
shootings Aguilar-Ortiz suffered while serving in the military and civilian police
force were on account of his ongoing service and not on account of a protected
ground. See Cruz-Navarro v. INS, 232 F.3d 1024, 1029-30 (9th Cir. 2000)
(persecution occurring because a person is a current member of a police force or
the military is not on account of a protected ground). Substantial evidence also
supports the agency’s finding that Aguilar-Ortiz did not establish a well-founded
fear of future persecution based on his former military or police service because
Aguilar-Ortiz lived in El Salvador without incident for over 15 months after he
resigned from the police force. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.
2000). Accordingly, his asylum claim fails.
Because Aguilar-Ortiz failed to establish eligibility for asylum, he
necessarily cannot meet the more stringent standard for withholding of removal.
See Zehatye, 453 F.3d at 1190.
Finally, substantial evidence supports the agency’s denial of CAT relief
because Aguilar-Ortiz failed to establish it is more likely than not he will be
2 08-73206
tortured upon return to El Salvador. See Wakkary v. Holder, 558 F.3d 1049, 1067-
68 (9th Cir. 2009). The record does not support Aguilar-Ortiz’s contention that the
BIA provided an incomplete analysis of his CAT claim.
PETITION FOR REVIEW DENIED.
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