GUSTAVO BARRIOS V. ERIC HOLDER, JR., No. 10-71151 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 01 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GUSTAVO ADOLFO BARRIOS; JULIA GUADALUPE MARROQUIN, No. 10-71151 Agency Nos. A071-602-075 A070-947-574 Petitioners, v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 23, 2014** Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges. Gustavo Adolfo Barrios and Julia Guadalupe Marroquin, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals ( BIA ) order dismissing their appeal from an immigration judge s decision denying their application for asylum, withholding of removal, and protection under * 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). the Convention Against Torture ( CAT ). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review. With respect to past harm, substantial evidence supports the BIA s finding that guerrillas targeted Barrios for recruitment because he had experience in using military armaments and not on account of a protected ground, including his actual or imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 482 (1992). With respect to Barrios s fear of future harm, Barrios testified he does not fear persecution by the guerrillas if he returns to Guatemala. And, Barrios does not challenge the BIA s findings regarding his fear of future gang violence in Guatemala. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party s opening brief are waived). Thus, Barrios s asylum and withholding of removal claims fail. See Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir. 2001). Finally, Barrios does not challenge the BIA s denial of CAT relief. See Martinez-Serrano, 94 F.3d at 1259-60. PETITION FOR REVIEW DENIED. 2 10-71151

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