Catalino Delgadillo-Garcia v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CATALINO DELGADILLO-GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72323
Agency No. A073-419-050
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Catalino Delgadillo-Garcia, 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,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
FILED
MAR 17 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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 finding that Delgadillo-Garcia’s
experiences with the Guatemalan guerrillas and the Guatemalan Navy did not rise
to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.
2003). In the absence of past persecution, Delgadillo-Garcia’s humanitarian
asylum claim necessarily fails. See 8 C.F.R. § 1208.13(b)(1)(iii). Delgadillo-
Garcia does not claim a well-founded fear of future persecution based on his past
experiences in Guatemala and does not otherwise challenge the BIA’s
determination that he has failed to establish a well-founded fear of persecution.
See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not
specifically raised and argued in a party’s opening brief are waived). Thus,
Delgadillo-Garcia’s asylum claim fails.
Because Delgadillo-Garcia failed to meet the lower standard of proof for
asylum, he necessarily failed to meet the more stringent standard for withholding
of removal. See Zehatye, 453 F.3d at 1190.
11-72323 2

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Finally, Delgadillo-Garcia does not challenge the BIA’s denial of his CAT
claim. See Martinez-Serrano, 94 F.3d at 1259-60.
PETITION FOR REVIEW DENIED.
11-72323 3

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