ELADIO ROSALES-RODRIGUEZ V. ERIC HOLDER, JR., No. 10-70287 (9th Cir. 2012)

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FILED NOV 19 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ELADIO ROSALES-RODRIGUEZ, Petitioner, No. 10-70287 Agency No. A071-590-580 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 13, 2012 ** Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges. Eladio Rosales-Rodriguez, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. ยง 1252. We review for * 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). 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. Substantial evidence supports the agency s finding that, even if credible, Rosales-Rodriguez failed to demonstrate that the harm he and his family suffered from the army, guerrillas, and unknown assailants was on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (some evidence of a persecutor s motive direct or circumstantial must be provided to establish eligibility for asylum); Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th Cir. 2002) (evidence did not compel conclusion that guerillas attacked family on account of a protected ground); Alonzo v. INS, 915 F.2d 546, 548 (9th Cir. 1990) (conscription attempts by military not persecution absent indication that military knew of applicant s religious or political beliefs). Substantial evidence also supports the agency s finding that Rosales-Rodriguez failed to establish an objectively reasonable well-founded fear of future persecution in Guatemala. See Molina-Estrada, 293 F.3d at 1095-96 (petitioner failed to demonstrate a reasonable fear of future persecution). Accordingly, Rosales-Rodriguez s asylum claim fails. 2 10-70287 Because Rosales-Rodriguez did not meet the lower burden of proof for asylum, his withholding of removal claim necessarily fails. See Zehatye, 453 F.3d at 1190. PETITION FOR REVIEW DENIED. 3 10-70287