LUIS ROBLES-URUTHIA V. ERIC HOLDER, JR., No. 11-73371 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 27 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LUIS ANTONIO ROBLES-URUTHIA, Petitioner, No. 11-73371 Agency No. A094-800-231 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Luis Antonio Robles-Uruthia, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ( CAT ). We have * 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). 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), and we deny the petition for review. Robles-Uruthia received three death threats and once had rocks thrown at him on account of his political activity, but was never physically harmed. Substantial evidence supports the agency s determination that, even considered cumulatively, Robles-Uruthia did not suffer harm rising to the level of persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir. 2000) (unfulfilled threats, without more, generally do not constitute past persecution). Substantial evidence also supports the agency s determination that Robles-Uruthia s fear of future persecution was speculative, see Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003), and that Robles-Uruthia failed to establish the government was unwilling to control the perpetrators, see Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir. 2005) (failure to report non-governmental persecution due to belief that police would do nothing did not establish that government was unwilling or unable to control persecutors). Accordingly, Robles-Uruthia s asylum claim fails. Because Robles-Uruthia failed to meet the lower burden of proof for asylum, his withholding of removal claim necessarily fails. See Zehatye, 453 F.3d at 1190. 2 11-73371 Finally, Robles-Uruthia does not raise any arguments in his opening brief regarding the agency s denial of his CAT claim. Accordingly his CAT claim is waived. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996). PETITION FOR REVIEW DENIED. 3 11-73371

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