David Faustino Revolorio- Marroquin 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NOT FOR PUBLICATION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
DAVID FAUSTINO REVOLORIO-
MARROQUIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70993
Agency No. A098-429-022
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.
David Faustino Revolorio-Marroquin, 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
FILED
NOV 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-70993 2
U.S.C. § 1252. We review for substantial evidence. INS v. Elias-Zacarias, 502
U.S. 478, 481 n.1 (1992). We deny the petition for review.
Revolorio-Marroquin contends gang members tried to extort payments from
him and shot him on account of his religion. Substantial evidence supports the
BIA’s conclusion that Revolorio-Marroquin failed to establish gang members were
motivated, even in part, by Revolorio-Marroquin’s religion. See id. (“[t]o reverse
the BIA finding we must find that the evidence not only supports that conclusion,
but compels it”) (emphasis in original); see also Borja v. INS, 175 F.3d 732, 735-
36 (explaining “extortion plus” is necessary to satisfy nexus requirement).
Because he failed to demonstrate that the gang members were or would be
interested in him on account of a protected ground, his asylum and withholding of
removal claims fail.
PETITION FOR REVIEW DENIED.

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