SELVIN AMILCAR-FUNEZ, AKA Selvin Amilcar Funez v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SELVIN AMILCAR-FUNEZ, AKA Selvin
Amilcar Funez and YOSELIN CAROLINA
FUNES-TORRES, AKA Yoselin Carolina
Funez-Torres, AKA Joselyn Carolina Funez
Torres,
Petitioners,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 08-71239
Agency Nos. A097-744-544
A097-744-543
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Selvin Amilcar-Funez and Yoselin Carolina Funes-Torres, natives and
citizens of Honduras, petition for review of the Board of Immigration Appeals’
(“BIA”) order dismissing their appeal from an immigration judge’s decision
* 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).
FILED
NOV 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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denying their applications for asylum and withholding of removal. 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). We deny the petition for review.
Substantial evidence supports the BIA’s determination that petitioners could
internally relocate, where the evidence showed that petitioners had already
successfully relocated to avoid harm in Honduras for at least one year before
leaving the country. See Ochave v. INS, 254 F.3d 859, 867-868 (9th Cir. 2001).
Thus, their asylum claim fails.
Because petitioners failed to establish eligibility for asylum, they necessarily
cannot meet the more stringent standard for withholding of removal. See Zehatye,
453 F.3d at 1190.
PETITION FOR REVIEW DENIED.

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