FILED
NOT FOR PUBLICATION JUN 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CASTULO BERTULIO GONZALEZ No. 12-72389
BARRIOS,
Agency No. A070-923-915
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Castulo Bertulio Gonzalez Barrios, a native and citizen of Guatemala,
petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s (“IJ”) decision denying his
application for asylum, withholding of removal, and protection under the
*
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).
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
§ 1252. We review for substantial evidence factual findings, Wakkary v. Holder,
558 F.3d 1049, 1056 (9th Cir. 2009), and review de novo claims of due process
violations in immigration proceedings, Zetino v. Holder, 622 F.3d 1007, 1011 (9th
Cir. 2010). We deny the petition for review.
Gonzalez Barrios contends he will be harmed in Guatemala on the basis of
his membership in a particular social group.
Substantial evidence supports the BIA’s determination that, even if
Gonzalez Barrios’s proposed social group was cognizable, he did not establish a
nexus between his fear of harm and the proposed group. See INS v. Elias-
Zacarias, 502 U.S. 478, 483-84 (1992) (petitioner must provide compelling
evidence of motive for persecution). Accordingly, Gonzalez Barrios’s asylum and
withholding of removal claims fail. See Molina-Morales v. INS, 237 F.3d 1048,
1052 (9th Cir. 2001).
Substantial evidence also supports the BIA’s denial of CAT relief because
Gonzalez Barrios failed to establish it is more likely than not he would be tortured
at the instigation of or with the acquiescence of the government if returned to
Guatemala. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
2 12-72389
Finally, we reject Gonzalez Barrios’s claim that the IJ deprived him of due
process by failing to grant a continuance. See Lata v. INS, 204 F.3d 1241, 1246
(9th Cir. 2000) (requiring error to prevail on due process challenge).
PETITION FOR REVIEW DENIED.
3 12-72389