Arturo Hernandez-Ordaz 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 Honorable Alicemarie H. Stotler, Senior United States District**
Judge for the Central District of California, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARTURO HERNANDEZ-ORDAZ, et al.,
Petitioners,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
No. 06-71263
Agency Nos. A075-252-421,
A075-252-422
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted June 16, 2010
San Francisco, California
Before: SCHROEDER and BYBEE, Circuit Judges, and STOTLER, Senior
District Judge.**
Petitioners Arturo Hernandez-Ordaz and Tomasa L. Terrazas-Trujillo,
natives and citizens of Mexico, appeal the Board of Immigration Appeals’ (“BIA”)
decision affirming the Immigration Judge’s (“IJ”) denial of asylum. Petitioners
FILED
JUL 15 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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contend that the BIA erred in ruling that the harm suffered by Mr. Hernandez-
Ordaz was not inflicted, at least in part, on account of political opinion. Because
the record does not compel the opposite conclusion, we must affirm. See INS v.
Elias-Zacarias, 502 U.S. 478, 481 (1992).
The BIA and IJ properly concluded that Mr. Hernandez-Ordaz failed to
establish that he was persecuted on account of political opinion, as required by 8
C.F.R. § 1208.13(b)(1), where he was attacked by a neighbor after recovering
stolen building materials pursuant to his duties as neighborhood block captain.
Contrary to petitioner’s argument that he qualifies as a whistleblower under
our holding in Grava v. INS, 205 F.3d 1177 (9th Cir. 2000), the record is devoid of
any evidence demonstrating that petitioner’s actions in reporting both the theft and
his subsequent beating to the police were an attempt to expose government
corruption, rather than merely reporting the actions of a corrupt individual. See id.
at 1181. Thus, petitioner has failed to meet his burden under 8 C.F.R. §
1208.13(b)(1).
The petition for review is DENIED.

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