NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 06 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
CARLOS MANUEL VILLAGARCIA, No. 10-70159
Petitioner, Agency No. A098-409-076
v.
MEMORANDUM*
ERIC H. HOLDER, JR.,
Respondent.
On Petition for Review of the Decision of
the Board of Immigration Appeals
Submitted December 4, 2013**
San Francisco, CA
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Carlos Manuel Villagarcia petitions for review of the Board of Immigration
Appeals’ (“BIA”) denial of his application for asylum, withholding of removal,
and protection under Convention Against Torture (“CAT”). We have jurisdiction
pursuant to 8 U.S.C. § 1252, and we deny the petition.
*
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).
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Villagarcia testified that criminals, police officers, and corrupt members of
the government visited his family’s home from 1985 to 1990 seeking to get
information about the whereabouts of his father, a criminal who was allegedly
involved in kidnappings, robberies, and assaults in Peru. Villagarcia was not
harmed in Peru. No one in the family has heard from Villagarcia’s father since
1995, and his family has not had any problems since 1990.
In order to be considered a “refugee” who is eligible for asylum, Villagarcia
must show that he was persecuted “on account of” an enumerated ground (race,
religion, nationality, membership in a particular social group, or political opinion).
INS v. Elias-Zacarias, 502 U.S. 478, 482-84 (1992). The BIA determined that
Villagarcia was not eligible for asylum and withholding because he failed to
establish a nexus between his experiences in Peru due to his father’s criminal
activities and an enumerated ground. In doing so, it explicitly agreed with the
opinion of the immigration judge (“IJ”).
We uphold adverse BIA decisions denying asylum if they are supported by
“substantial evidence.” Avetova-Elisseva v. INS, 213 F.3d 1192, 1196 (9th Cir.
2000). “Under this deferential standard ‘a petitioner contending that the Board’s
findings are erroneous must establish that the evidence not only supports that
conclusion, but compels it.’” Id. (quoting Ghaly v. INS, 58 F.3d 1425, 1431 (9th
-3-
Cir. 1995) (emphasis in original)). “Though limited to reviewing the
administrative record, we consider the record in its entirety, including evidence
that contradicts the BIA’s findings.” Id. (citing Velarde v. INS, 140 F.3d 1305,
1309 (9th Cir. 1998)).
Although the BIA never stated what enumerated grounds it considered when
making its determination, it did specifically “agree” with the IJ, who found that
Villagarcia had not established persecution on account of his membership in a
social group. Reviewing the record in its entirety, it is also clear that Villagarcia
was claiming persecution based on his membership in a particular social group—
his family. Consequently, although the BIA’s opinion is lacking in detail on this
point, “[a]ll that we require is that the [BIA] provide a comprehensible reason for
its decision sufficient for us to conduct our review and to be assured that the
petitioner’s case received individualized attention.” Ghaly, 58 F.3d at 1430. That
is satisfied here.
We cannot conclude that the BIA erred in determining that Villagarcia failed
to establish a nexus between his experiences in Peru due to his father’s criminal
activities and an enumerated ground. Villagarcia presented no evidence indicating
that the individuals who came to his family’s home were targeting Villagarcia
based on his familial relationship rather than merely attempting to locate his father.
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Accordingly, anyone with knowledge about his father, even those outside the
Villagarcia family, could have been subjected to the same actions. Villagarcia has
not “presented evidence so compelling that no reasonable factfinder could find that
[he] has not established eligibility for asylum.” Singh v. INS, 134 F.3d 962, 966
(9th Cir. 1998). Because Villagarcia has failed to meet the burden of proof for
asylum, he necessarily fails to meet the more demanding standard for withholding
of removal.
Substantial evidence also supports the agency’s determination that
Villagarcia failed to demonstrate eligibility for protection under the CAT. In order
to be eligible for protection under the CAT, an alien must prove that it is “more
likely than not” that he would be tortured if removed to the proposed country of
removal. 8 C.F.R. § 1208.16(c)(2). Villagarcia was not harmed or tortured in
Peru. He presented no evidence or testimony establishing that it is more likely
than not that he would be tortured if he returned to Peru.
PETITION DENIED.