Carlos Yobany Guerra- Medina v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS YOBANY GUERRA-
MEDINA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-72723
Agency No. A073-391-208
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Carlos Yobany Guerra-Medina, a native and citizen of Honduras, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
the immigration judge’s (“IJ”) decision denying his application for asylum and
FILED
JUL 06 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-72723 2
withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We
review for substantial evidence the agency’s factual findings and review de novo
its legal conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.
2008). We deny the petition for review.
The record does not compel the conclusion that Guerra-Medina established
changed circumstances to excuse his untimely asylum application. See 8 C.F.R. §
1208.4(a)(4). Accordingly, his asylum claim, including his claim for humanitarian
asylum based on abuse by his now-deceased father, fails.
Guerra-Medina fears future persecution by gangs if he returns to Honduras.
Substantial evidence supports the agency’s finding that Guerra-Medina failed to
establish a clear probability of future persecution, especially given the lack of
problems for Guerra-Medina’s seven brothers who continue to live in Honduras
unharmed. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir. 2001) (“An applicant's
claim of persecution upon return is weakened, even undercut, when
similarly-situated family members continue to live in the country without
incident...”) (internal quotation marks and citation omitted). Accordingly, his
withholding of removal claim fails.
PETITION FOR REVIEW DENIED.

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