Jose Neftali Munguia; 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).
MVD/Inventory
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE NEFTALI MUNGUIA; et al.,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-71981
Agency Nos. A070-777-525
A075-745-352
A097-608-467
A097-124-597
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE and FISHER, Circuit Judges.
Jose Neftali Munguia (Munguia) and his children, Arquimides Del Carmen
Munguia Vasquez, Teresa de Jesus Munguia Vasquez and Jose Neftali Munguia
Vasquez, natives and citizens of El Salvador, petition pro se for review of a Board
of Immigration Appeals order dismissing their appeal of an immigration judge’s
FILED
DEC 28 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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(IJ) decision denying their application for asylum, withholding of removal and
protection under the Convention Against Torture (CAT). Munguia also petitions
for review of the Board’s order dismissing his appeal of the IJ’s denial of his
application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We review factual findings for substantial evidence. INS v. Elias-
Zacarias, 502 U.S. 478, 481 (1992). We dismiss in part and deny in part the
petition for review.
Substantial evidence supports the Board’s denial of asylum and withholding
of removal because Munguia failed to show that the guerillas’ attempt to recruit
him was on account of a protected ground. See Elias-Zacarias, 502 U.S. at 481-
82.
Substantial evidence also supports the Board’s denial of CAT relief based on
the Board’s finding that Munguia did not establish a likelihood of torture by, at the
instigation of, or with the consent or acquiescence of the El Salvadoran
government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
As for Munguia’s cancellation claim, we lack jurisdiction to review the
agency’s discretionary determination that Jose Neftali Munguia failed to show
exceptional and extremely unusual hardship to his U.S. citizen children. 8 U.S.C.
§ 1252(a)(2)(B); Mendez-Castro v. Mukasey, 552 F.3d 975, 979 (9th Cir. 2009).

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PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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