OMAR ANTONIO FUNES, AKA Omar Hernandez Escalera v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OMAR ANTONIO FUNES, AKA Omar
Hernandez Escalera,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72477
Agency No. A094-449-640
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Omar Antonio Funes, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
FILED
JUL 07 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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jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008).
We deny the petition for review.
Funes does not contend that he suffered past persecution, but claims a fear of
future persecution and torture.
Substantial evidence supports the agency’s determination that Funes did not
establish a well-founded fear of persecution on account of a protected ground. See
Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of persecution
was “too speculative”).
Because Funes failed to meet the lower standard of proof for asylum, his
claim for withholding of removal necessarily fails. See Zehatye v. Gonzales, 453
F.3d 1182, 1190 (9th Cir. 2006).
Finally, substantial evidence supports the agency’s denial of CAT relief
because Funes failed to establish it is more likely than not he would be tortured at
the instigation of or with the acquiescence of the government if returned to El
Salvador. See Silaya, 524 F.3d at 1073.
PETITION FOR REVIEW DENIED.
13-72477 2

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