FILED
NOT FOR PUBLICATION DEC 4 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HUGO CESAR AVILA-HERNANDEZ, No. 13-70079
Petitioner, Agency No. A087-595-478
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Hugo Cesar Avila-Hernandez, a native and citizen of Mexico, 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. Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
Avila-Hernandez contends his mother’s abusive ex-boyfriend will persecute
him if he returns to Mexico. Substantial evidence supports the agency’s
determination that Avila-Hernandez did not establish a well-founded fear of
persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility
of persecution was “too speculative”). We reject Avila-Hernandez’s contention
that the agency did not consider the entire record. See Fernandez v. Gonzales, 439
F.3d 592, 603 (9th Cir. 2006) (petitioner did not overcome presumption agency
reviewed record). In light of our conclusion, we do not reach Avila-Hernandez’s
contentions regarding the agency’s time-bar finding. Thus, his asylum claim fails.
Because Avila-Hernandez failed to meet the lower standard of proof for
asylum, his claim for withholding of removal necessarily fails. See Zehatye, 453
F.3d at 1190.
PETITION FOR REVIEW DENIED.
2 13-70079