Eric Gepiga Guerra v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIC GEPIGA GUERRA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72619
Agency No. A079-630-433
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Eric Gepiga Guerra, a native and citizen of the Philippines, petitions for
review 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. We review for
FILED
MAY 29 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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substantial evidence the agency’s factual findings, Nahrvani v. Gonzales, 399 F.3d
1148, 1151 (9th Cir. 2005), and we deny the petition for review.
We reject Guerra’s request that the court take judicial notice of country
conditions in the Philippines. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996)
(en banc).
The record does not compel the finding that Guerra established the
government of the Philippines is unwilling or unable to control the individuals he
fears. See Nahrvani, 399 F.3d at 1154. Thus, Guerra’s asylum and withholding of
removal claims fail. See id.
PETITION FOR REVIEW DENIED.
13-72619 2

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