FILED
NOT FOR PUBLICATION DEC 28 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EVELIO HUMBERTO MARTINEZ- No. 11-73664
ESCALANTE,
Agency No. A070-779-782
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Evelio Humberto Martinez-Escalante, a native and citizen of Guatemala,
petitions pro se for review of a Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s decision denying his
*
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).
application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review
for substantial evidence the agency’s factual findings, Halim v. Holder, 590 F.3d
971, 975 (9th Cir. 2009), and we deny the petition for review.
Martinez-Escalante fears being targeted in Guatemala by unidentified
individuals who shot his brother, a former police officer. Substantial evidence
supports the BIA’s decision that, even if credible, Matinez-Escalante failed to
establish a well-founded fear of persecution. See id. at 977 (petitioner “failed to
make a compelling showing of the requisite objective argument of a well-founded
fear”). Consequently, his asylum claim fails.
PETITION FOR REVIEW DENIED.
2 11-73664