Jaiderman Ramon Diaz De Leon 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NOT FOR PUBLICATION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
JAIDERMAN RAMON DIAZ DE LEON,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71432
Agency No. A095-571-398
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Jaiderman Ramon Diaz de Leon, 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
and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We
FILED
OCT 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71432 2
review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d
1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
Substantial evidence supports the BIA’s determination that Diaz de Leon
failed to establish that he was or would be persecuted on account of any protected
ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (petitioner who
refused to join guerrillas did not establish they would persecute him because of his
political opinion rather than because of his refusal to fight with them); Zetino v.
Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (“[a]n alien’s desire to be free from
harassment by criminals motivated by theft or random violence by gang members
bears no nexus to a protected ground”). Accordingly, Diaz de Leon’s asylum and
withholding of removal claims fail.
PETITION FOR REVIEW DENIED.

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