FILED
NOT FOR PUBLICATION MAY 17 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARTURO GUX GOUXLA, No. 11-72537
Petitioner, Agency No. A095-757-431
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Arturo Gux Gouxla, a native and citizen of Guatemala, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
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).
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial
evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056
(9th Cir. 2009), and we dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the IJ’s denial of Gouxla’s asylum and CAT
claims. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (no jurisdiction
over legal claims not presented to the BIA).
Gouxla fears harm by individuals with whom he had a land dispute between
1988 and 1990. Substantial evidence supports the agency’s denial of withholding
of removal because Gouxla failed to establish the Guatemalan government was
unable or unwilling to control these individuals. See Rahimzadeh v. Holder, 613
F.3d 916, 920 (9th Cir. 2010).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 11-72537