FILED
NOT FOR PUBLICATION MAY 23 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL VASQUEZ-HERNANDEZ, No. 12-73196
Petitioner, Agency No. A098-959-944
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Michael Vasquez-Hernandez, a native and citizen of Guatemala, 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
and withholding of removal. We have jurisdiction under 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.
Vasquez-Hernandez contends gang members subjected him to threats,
extortion, and an assault on account of his political opinion and his membership in
a social group. Substantial evidence supports the BIA’s determination that
Vasquez-Hernandez failed to establish past persecution or a fear of future
persecution on account of a protected ground. See id. at 742-44, 746-47; Zetino v.
Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“An alien’s desire to be free from
harassment by criminals motivated by theft or random violence by gang members
bears no nexus to a protected ground.”). Thus, Vasquez-Hernandez’s asylum claim
fails.
Because Vasquez-Hernandez failed to meet the lower burden of proof for
asylum, it follows that he has not met the higher standard for withholding of
removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
2 12-73196