Filed: Nov. 27, 2013
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION NOV 27 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANDRES MEJIA-LOPEZ, No. 11-73403 Petitioner, Agency No. A095-899-861 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. Andres Mejia-Lopez, a native and citizen of Guatemala, petitions for review of
Summary: FILED NOT FOR PUBLICATION NOV 27 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANDRES MEJIA-LOPEZ, No. 11-73403 Petitioner, Agency No. A095-899-861 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. Andres Mejia-Lopez, a native and citizen of Guatemala, petitions for review of t..
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FILED
NOT FOR PUBLICATION NOV 27 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANDRES MEJIA-LOPEZ, No. 11-73403
Petitioner, Agency No. A095-899-861
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.
Andres Mejia-Lopez, 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 withholding of removal
and protection 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, Wakkary v. Holder,
558 F.3d 1049, 1056 (9th Cir. 2009),
and we deny the petition for review.
Substantial evidence supports the agency’s finding that Mejia-Lopez failed
to establish a past threat to his life or freedom or clear probability that his life or
freedom would be threatened in Guatemala on account of an imputed political
opinion. See Ochoa v. Gonzales,
406 F.3d 1166, 1172 (9th Cir. 2005) (“[T]he
record provides no evidence that [the people petitioner feared] imputed political
beliefs to [him].”), abrogated on other grounds by Cordoba v. Holder,
726 F.3d
1106, (9th Cir. 2013); see also Parussimova v. Mukasey,
555 F.3d 734, 740 (9th
Cir. 2009) (the REAL ID Act “requires that a protected ground represent ‘one
central reason’ for an asylum applicant’s persecution”). Accordingly, Mejia-
Lopez’s withholding of removal claim fails.
Substantial evidence also supports the agency’s denial of CAT relief because
Mejia-Lopez failed to establish it is more likely than not that he would be tortured
with the consent or acquiescence of the government if returned to Guatemala. See
Silaya v. Mukasey,
524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 11-73403