Ricardo Suarez Guzman 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NOT FOR PUBLICATION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
RICARDO SUAREZ GUZMAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73852
Agency No. A034-286-329
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2102**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Ricardo Suarez Guzman, native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from the
immigration judge’s decision denying his application for asylum, withholding of
removal, and relief under the Convention Against Torture (“CAT”). We have
FILED
APR 26 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-73852
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny
the petition for review.
Guzman does not allege he suffered past persecution, but fears persecution
based on a pattern or practice of persecution against individuals with AIDS as well
as homosexuals in Mexico. The agency concluded that Guzman failed to establish
a well-founded fear of persecution based on the perception that he is homosexual
or his HIV/AIDS status. The record does not compel a contrary result. See
Castro-Martinez v. Holder, No. 08-70343, 2011 WL 6016162, at *8 (9th Cir. Dec.
5, 2011) (applicant failed to establish the existence of a pattern or practice of
persecution against homosexuals in Mexico or that he had a well-founded fear of
persecution as a man with HIV/AIDS in Mexico). Accordingly, Guzman’s asylum
claim fails.
Because Guzman failed to establish eligibility for asylum, he necessarily
failed to meet the more stringent standard for withholding of removal. See
Zehatye, 453 F.3d at 1190.
Finally, substantial evidence supports the agency’s conclusion that Guzman
failed to establish that it is more likely than not he would be tortured by a public

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08-73852
official or at the instigation or acquiescence of an official. See Wakkary v. Holder,
558 F.3d 1049, 1068 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.

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