WILLIAM RUIZ-JUAREZ V. ERIC HOLDER, JR., No. 11-74008 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 26 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WILLIAM EBERTO RUIZ-JUAREZ, Petitioner, No. 11-74008 Agency No. A078-978-342 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. William Eberto Ruiz-Juarez, a native and citizen of Guatemala, 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 factual findings. Silaya v. Mukasey, 356 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review. Substantial evidence supports the agency s determination that Ruiz-Juarez failed to show extraordinary circumstances to excuse the untimely filing of his asylum application. See 8 C.F.R § 1208.4(a)(5). Accordingly, his asylum claim fails. The record does not compel the conclusion that the harms Ruiz-Juarez and his family suffered in Guatemala amounted to past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-20 (9th Cir. 2006) (brief detention and beating did not compel finding of persecution); Hoxha v. Ashcroft, 319 F.3d 1179, 1198 (9th Cir. 2003) ( The one incident of physical violence against Hoxha was not connected with any particular threat and there is no evidence indicating that the incident was officially sponsored. ). Thus, Ruiz-Juarez is not entitled to a presumption of future persecution. See Molina-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir. 2002). Further, substantial evidence supports the agency s finding that Ruiz-Juarez failed to demonstrate it is more likely than not he will be persecuted if he returns to Guatemala. See Nagoulko v. INS, 333 F.3d 1012, 1018 2 11-74008 (9th Cir. 2003) (possibility of future persecution too speculative). Accordingly, Ruiz-Juarez s withholding of removal claim fails. Finally, substantial evidence supports the agency s denial of CAT relief because Ruiz-Juarez failed to establish that it is more likely than not he will be tortured if he returns to Guatemala. See Silaya, 356 F.3d at 1073. PETITION FOR REVIEW DENIED. 3 11-74008
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