Joaquin A. Hernandez v. ERIC H. HOLDER, Jr., Attorney General

07-72256Court of Appeals for the Ninth CircuitFeb 22, 2011

Full text

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NOT FOR PUBLICATION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
JOAQUIN A. HERNANDEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72256
Agency No. A094-160-355
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010**
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Joaquin A. Hernandez, a native and citizen of El Salvador, petitions pro se
for review of the decision of the Board of Immigration Appeals’ 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.
FILED
FEB 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-72256 2
We review for substantial evidence factual findings, Santos-Lemus v. Mukasey,
542 F.3d 738, 742 (9th Cir. 2008), and we deny the petition.
Substantial evidence supports the agency’s determination that Hernandez
failed to establish that he suffered past persecution by the government or guerillas.
See Nagoulko v. INS, 333 F.3d 1012, 1017 (9th Cir. 2003). Substantial evidence
also supports the agency’s determination that Hernandez failed to establish a nexus
between the persecution he fears from gang members in El Salvador and a
statutorily protected ground. See Barrios v. Holder, 581 F.3d 849, 854-56 (9th Cir.
2009). Because Hernandez failed to demonstrate persecution or a well founded
fear of future persecution on account of a protected ground, we deny the petition as
to his asylum and withholding of removal claims. See Nagoulko, 333 F.3d at 1018;
Barrios, 581 F.3d at 586.
PETITIONER FOR REVIEW DENIED.

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