Georgen Cesar Soares- Ferreira 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NOT FOR PUBLICATION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
GEORGEN CESAR SOARES-
FERREIRA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-72136
Agency No. A098-718-474
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Georgen Cesar Soares-Ferreira, a native and citizen of Brazil, 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
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for
review.
Substantial evidence supports the agency’s determination that Soares-
Ferreira did not establish past persecution based on the threats and discrimination
he and other family members suffered when Soares-Ferreira was a teenager. See
Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000); Nagoulko v. INS, 333 F.3d 1012,
1016-17 (9th Cir. 2003). We reject Soares-Ferreira’s contention that the agency
erred in failing to take into consideration Soares-Ferreira’s age at the time these
events occurred because the agency properly considered the harm to Soares-
Ferreira’s family and Soares-Ferreira’s age at the time. See Hernandez-Ortiz v.
Gonzales, 496 F.3d 1042, 1045-46 (9th Cir. 2002). A reasonable fact-finder would
not be compelled to find that the hit-and-run accident Soares-Ferreira experienced
was motivated by his political opinion or membership in the particular social group
of his family. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 (1992).
Substantial evidence also supports the agency’s determination that Soares-
Ferreira failed to demonstrate a well-founded fear of persecution on account of a
protected ground because it is too speculative he will be persecuted in Brazil. See
Nagoulko, 333 F.3d at 1018 (record evidence did not show petitioner had

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objectively reasonable basis for future fear). Accordingly, Soares-Ferreira’s
asylum claim fails.
Because Soares-Ferreira 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 denial of Soares-
Ferreira’s CAT claim because he failed to demonstrate it is more likely than not he
will be tortured upon return to Brazil. See Wakkary v. Holder, 558 F.3d 1049,
1067-68 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.

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