Anibal Adolio Giron Martinez 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).
JK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANIBAL ADOLIO GIRON MARTINEZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71647
Agency No. A072-536-294
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Anibal Adolio Giron Martinez, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) decision denying his application for asylum and
FILED
DEC 29 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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.
Giron Martinez testified he fears personal retribution from former civil
patrol members who hold a grudge against him for leaving Guatemala without
serving in the military. Substantial evidence supports the IJ’s conclusion that
Giron Martinez did not establish a well-founded fear on account of a protected
ground if he returns to Guatemala. See Ochoa v. Gonzales, 406 F.3d 1166, 1170-
72 (9th Cir. 2005) (concluding that petitioners failed to prove their fear of
persecution was on account of a protected ground); see also Molina-Morales v.
INS, 237 F.3d 1048, 1052 (9th Cir. 2001) (personal retribution is not persecution
on account of a protected ground). Accordingly, his asylum and withholding of
removal claims fail.
PETITION FOR REVIEW DENIED.

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