Paulo Orozco-Fuentes v. Eric H. Holder Jr., No. 08-71033 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 28 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT PAULO ARTURO OROZCO-FUENTES, Petitioner, No. 08-71033 Agency No. A070-929-926 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Paulo Arturo Orozco-Fuentes, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from the immigration judge s ( IJ ) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture * 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). ( CAT ). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency s factual findings and review its legal conclusions de novo. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We deny the petition for review. Orozco-Fuentes testified that he resisted the guerrillas and Guatemalan army s attempts to recruit him. Substantial evidence supports the IJ s denial of asylum because Orozco-Fuentes failed to establish past persecution or a wellfounded fear of future persecution on account of a protected ground. See EliasZacarias v. INS, 502 U.S. 478, 481-82 (1992) (forced recruitment by guerrillas, without more, does not amount to persecution); Pedro-Mateo v. INS, 224 F.3d 1147, 1150-51 (9th Cir. 2000) (attempts by military and guerillas to recruit Guatemalan not persecution absent evidence of discriminatory purpose). We lack jurisdiction to consider Orozco-Fuentes request for humanitarian relief because he did not raise this claim to the IJ or BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). Because Orozco-Fuentes failed to establish his eligibility for asylum, he necessarily fails to meet the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006). 08-71033 Finally, substantial evidence supports the IJ s denial of CAT relief because Orozco-Fuentes failed to establish it is more likely than not he will be tortured if returned to Guatemala. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir. 2005). PETITION FOR REVIEW DENIED. 08-71033

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