U.S. Court of Appeals for the Ninth Circuit, 2014

Martin Matias v. Eric Holder, Jr.

Martin Matias v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 29, 2014 · Goodwin, Canby, Callahan
584 F. App'x 358

Martin Matias v. Eric Holder, Jr.

Opinion

*359 MEMORANDUM **

Martin Francisco Matías, 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 and withholding of removal. 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 determination that, even if credible, Matías failed to establish past persecution or a well-founded fear of future persecution by guerrillas on account of his imputed political opinion and/or membership in a particular social group. See INS v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (petitioner must provide direct or circumstantial evidence of motive). Thus, Matias’s asylum and withholding of removal claims fail. See Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir. 2001).

PETITION FOR REVIEW DENIED.

**

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

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