FILED
NOT FOR PUBLICATION NOV 26 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS MATIAS-GARCIA, No. 11-72021
Petitioner, Agency No. A070-963-378
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Luis Matias-Garcia, a native and citizen of Guatemala, 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
*
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).
substantial evidence the agency’s factual findings. Gonzales-Hernandez v.
Ashcroft, 336 F.3d 995, 998 (9th Cir. 2003). We deny the petition for review.
The agency found that Matias-Garcia suffered past persecution, but his
presumption of a well-founded fear of future persecution based on his actual or
imputed political opinion was rebutted by evidence in the record of changed
country conditions. Substantial evidence supports the agency’s determination. See
Gonzales-Hernandez, 336 F.3d at 998-99. Substantial evidence also supports the
agency’s determination that Matias-Garcia does not have a well-founded fear of
persecution on account of his status as an indigenous person. See Ghaly v. INS, 58
F.3d 1425, 1431 (9th Cir. 1995) (evidence of discrimination insufficient to show
well-founded fear of persecution).
Because Matias-Garcia has not established eligibility for asylum, he
necessarily cannot meet the more stringent standard for withholding of removal.
See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
2 11-72021