CATALINO DELGADILLO-GARCIA V. ERIC HOLDER, JR., No. 11-72323 (9th Cir. 2015)
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FILED MAR 17 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CATALINO DELGADILLO-GARCIA, Petitioner, No. 11-72323 Agency No. A073-419-050 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 10, 2015** Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges. Catalino Delgadillo-Garcia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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”). * 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). 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), and we deny the petition for review. Substantial evidence supports the BIA’s finding that Delgadillo-Garcia’s experiences with the Guatemalan guerrillas and the Guatemalan Navy did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003). In the absence of past persecution, Delgadillo-Garcia’s humanitarian asylum claim necessarily fails. See 8 C.F.R. § 1208.13(b)(1)(iii). DelgadilloGarcia does not claim a well-founded fear of future persecution based on his past experiences in Guatemala and does not otherwise challenge the BIA’s determination that he has failed to establish a well-founded fear of persecution. 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, Delgadillo-Garcia’s asylum claim fails. Because Delgadillo-Garcia failed to meet the lower standard of proof for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Zehatye, 453 F.3d at 1190. 2 11-72323 Finally, Delgadillo-Garcia does not challenge the BIA’s denial of his CAT claim. See Martinez-Serrano, 94 F.3d at 1259-60. PETITION FOR REVIEW DENIED. 3 11-72323
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