FILED
NOT FOR PUBLICATION JUL 23 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FELIPE MEJIA LOPEZ, No. 10-71321
Petitioner, Agency No. A070-797-214
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Felipe Mejia Lopez, 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 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, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.
2003), and we deny the petition for review.
Substantial evidence supports the BIA’s determination that even if Mejia
Lopez was credible and established past persecution, the government rebutted the
presumption that Mejia Lopez had a well-founded fear of future persecution with
evidence of changed country conditions within Guatemala. See id. at 1000
(presumption of well-founded fear from Guatemalan guerrillas rebutted by
evidence of 1996 peace accords). Mejia Lopez’s contention that the agency failed
to conduct a sufficiently individualized analysis is not supported by the record.
Accordingly, Mejia Lopez’s asylum claim fails.
Because Mejia Lopez failed to establish eligibility for asylum, he necessarily
failed to meet the more stringent standard for withholding of removal. Id. at 1001
n.5.
PETITION FOR REVIEW DENIED.
2 10-71321