U.S. Court of Appeals for the Ninth Circuit, 2011

Paulo Orozco-Fuentes v. Eric H. Holder Jr.

Paulo Orozco-Fuentes v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided March 28, 2011 · Farris, Leavy, Bybee
424 F. App'x 685

Paulo Orozco-Fuentes v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Petitioner Gerson Norberto Ordonez, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge’s decision denying ap *686 plication for asylum and withholding of removal. 1 Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

Substantial evidence supports the Board’s denial of asylum and withholding of removal because Ordonez failed to establish that guerrillas threatened him on account of a protected ground. See I.N.S. v. Elias-Zacarias, 502 U.S. 478, 482-83, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (holding that forced recruitment alone is not enough to show persecution on account of political opinion).

We decline to address Ordonez’s unexhausted contention that he is eligible for a grant of humanitarian asylum. 8 U.S.C. § 1252(d); Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000) (declining to consider a claim that Board did not have first opportunity to consider).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. Petitioner does not challenge the denial of his applications for protection under the Convention Against Torture or cancellation of removal.

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