Roderico Beltsazar Temaj Castanon 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NOT FOR PUBLICATION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
RODERICO BELTSAZAR TEMAJ
CASTANON,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70068
Agency No. A077-421-873
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 11, 2013**
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Roderico Beltsazar Temaj Castanon, 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
FILED
FEB 14 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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application for asylum, withholding of removal, and protection under the
Convention Against Torture (“CAT”). 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 Temaj Castanon failed
to demonstrate that either his family’s past encounters with guerrilla members or
his fear of future harm from general civil strife has a nexus to a protected ground.
See Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th Cir. 2002) (evidence did
not compel finding that Guatemalan guerillas attacked family home and threatened
family on account of imputed political opinion or membership in a particular social
group); Ochave v. INS, 254 F.3d 859, 865 (9th Cir. 2001) (“Asylum generally is
not available to victims of civil strife, unless they are singled out on account of a
protected ground.”). Accordingly, in the absence of a nexus to a protected ground,
Temaj Castanon’s asylum and withholding of removal claims fail. See Ochoa v.
Gonzales, 406 F.3d 1166, 1172 (9th Cir. 2005).
Substantial evidence also supports the agency’s denial of CAT relief because
Temaj Castanon failed to show it is more likely than not he will be tortured with

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the consent or acquiescence of the government if returned to Guatemala. See
Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.

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