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07-74058•Cesar Augusto Pajuelo Chavarria; Elila Aponte De Pajuelo; v. ERIC H. HOLDER Jr., Attorney General
07-74058Court of Appeals for the Ninth CircuitApr 19, 2010
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NOT FOR PUBLICATION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
CESAR AUGUSTO PAJUELO
CHAVARRIA; ELILA APONTE DE
PAJUELO; et al.,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-74058
Agency Nos. A072-400-068
A073-123-163
A073-123-164
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Cesar Augusto Pajuelo Chavarria, his wife, Elila Aponte de Pajuelo, and
their daughter, natives and citizens of Peru, petition for review of the Board of
Immigration Appeals’ order dismissing their appeal from an immigration judge’s
FILED
APR 19 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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07-74058 2
decision denying their application for asylum and withholding of removal. We
have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, INS
v. Elias-Zacarias, 502 U.S. 478, 481 n.1 (1992), and we deny the petition for
review.
Substantial evidence supports the agency’s conclusion that petitioners failed
to establish past persecution or an objectively reasonable fear of future persecution
on account of a protected ground, because they did not demonstrate that the
persons who attempted to force Chavarria to divulge accounting information were
motivated by more than a personal dispute. See Molina-Morales v. INS, 237 F.3d
1048, 1052 (9th Cir. 2001) (personal retribution is not persecution on account of a
protected ground). Accordingly, petitioners’ asylum claim fails.
Because Chavarria failed to establish asylum eligibility, it necessarily
follows that he did not satisfy the more stringent standard for withholding of
removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
PETITION FOR REVIEW DENIED.
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