Marin-Posada, et al v. Holder, No. 07-74389 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALEJANDRO MARIN-POSADA, Petitioner, No. 07-74389 Agency No. A078-311-034 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. Alejandro Marin-Posada, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals order summarily affirming 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. ยง 1252. We review * 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). for substantial evidence factual findings. INS v. Elias-Zacarias, 502 U.S. 478, 481 & n.1 (1992). We deny the petition for review. Substantial evidence supports the agency s finding that Marin Posada failed to demonstrate the urban guerrillas targeted him on account of his membership in a particular social group or based on an actual or imputed political opinion. See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir. 2004). Because Marin-Posada failed to demonstrate he was or will be persecuted on account of a protected ground, his asylum and withholding of removal claims fail. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir. 2009). PETITION FOR REVIEW DENIED. 2 07-74389

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