Isaac Zacarias v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Isaac Zacarias v. Eric H. Holder Jr., 506 F. App'x 560 (9th Cir. 2013)

Isaac Zacarias v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Isaac Amos Zacarías petitions for review of the immigration judge’s rejection, affirmed by the Board of Immigration Appeals, of his application for asylum, with *561 holding of removal, and relief from removal under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252(a)(1), and deny Zacarías’ petition for review.

1. While there is some record evidence to support Zacarías’ claim that he is eligible for asylum, nothing in the record compels the conclusion that he was persecuted on account of a protected ground, because it is not clear that those who mistreated him actually imputed to him a political opinion or persecuted him on account of any opinion, imputed or otherwise. See Sangha v. INS, 103 F.3d 1482 (9th Cir. 1997) (discussing and applying INS v. Elias-Zacarias, 502 U.S. 478, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)).

2. Given that he fails to demonstrate eligibility for asylum, Zacarías necessarily also fails to satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).

3. Nor does the record compel the finding that it is more likely than not that Zacarías will be tortured if he is removed to Guatemala, see Ahmed v. Keisler, 504 F.3d 1183, 1200-01 (9th Cir. 2007), or that the Guatemalan government would “turn a blind eye” to any torture in Zacarías’ case, see Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1059 (9th Cir. 2006) (internal quotation marks omitted). Accordingly, Zacarí-as has failed to establish that he is eligible for relief from removal under CAT.

4. Finally, we lack jurisdiction to review the Id’s discretionary denial of Zaca-rías’ request for voluntary departure. 8 U.S.C. § 1229c(f); see also Gil v. Holder, 651 F.3d 1000, 1006 (9th Cir. 2011). Thus, this portion of Zacarías’ petition must be dismissed.

PETITION DENIED in part and DISMISSED in part.

**

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

Reference

Full Case Name
Isaac Amos ZACARIAS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished