FILED
NOT FOR PUBLICATION DEC 28 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROSENDO MARTINEZ, No. 07-71572
Petitioner, Agency No. A072-692-604
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Rosendo Martinez, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s (“IJ”) decision denying his application for asylum. We have jurisdiction
*
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).
KAD/Research 1
pursuant to 8 U.S.C. § 1252. We review for substantial evidence, Lim v. INS, 224
F.3d 929, 933 (9th Cir. 2000), and we deny the petition for review.
Substantial evidence supports the IJ’s determination that Martinez failed to
establish past persecution because the threats he faced do not rise to the level of
persecution. See id. at 936.
Substantial evidence also supports the IJ’s finding that Martinez does not
have a well-founded fear of future persecution, particularly in light of Martinez’
lack of active support for the guerillas or the government, and the signing of the
1996 Peace Accords. See Belayneh v. INS, 213 F.3d 488, 491 (9th Cir. 2000).
PETITION FOR REVIEW DENIED.
KAD/Research 2 07-71572