FILED
NOT FOR PUBLICATION NOV 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ELADIO ROSALES-RODRIGUEZ, No. 10-70287
Petitioner, Agency No. A071-590-580
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Eladio Rosales-Rodriguez, a native and citizen of Guatemala, 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), and we deny the petition for review.
Substantial evidence supports the agency’s finding that, even if credible,
Rosales-Rodriguez failed to demonstrate that the harm he and his family suffered
from the army, guerrillas, and unknown assailants was on account of a protected
ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (some evidence of a
persecutor’s motive – direct or circumstantial – must be provided to establish
eligibility for asylum); Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th Cir.
2002) (evidence did not compel conclusion that guerillas attacked family on
account of a protected ground); Alonzo v. INS, 915 F.2d 546, 548 (9th Cir. 1990)
(conscription attempts by military not persecution absent indication that military
knew of applicant’s religious or political beliefs). Substantial evidence also
supports the agency’s finding that Rosales-Rodriguez failed to establish an
objectively reasonable well-founded fear of future persecution in Guatemala. See
Molina-Estrada, 293 F.3d at 1095-96 (petitioner failed to demonstrate a reasonable
fear of future persecution). Accordingly, Rosales-Rodriguez ’s asylum claim fails.
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Because Rosales-Rodriguez did not meet the lower burden of proof for
asylum, his withholding of removal claim necessarily fails. See Zehatye, 453 F.3d
at 1190.
PETITION FOR REVIEW DENIED.
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