Annotate this Case
Download PDF
FILED DEC 28 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EVELIO HUMBERTO MARTINEZESCALANTE, No. 11-73664 Agency No. A070-779-782 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Evelio Humberto Martinez-Escalante, a native and citizen of Guatemala, petitions pro se for review of a Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s decision denying his * 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). application for asylum. We have jurisdiction under 8 U.S.C. ยง 1252. We review for substantial evidence the agency s factual findings, Halim v. Holder, 590 F.3d 971, 975 (9th Cir. 2009), and we deny the petition for review. Martinez-Escalante fears being targeted in Guatemala by unidentified individuals who shot his brother, a former police officer. Substantial evidence supports the BIA s decision that, even if credible, Matinez-Escalante failed to establish a well-founded fear of persecution. See id. at 977 (petitioner failed to make a compelling showing of the requisite objective argument of a well-founded fear ). Consequently, his asylum claim fails. PETITION FOR REVIEW DENIED. 2 11-73664