Juventino Barrera Martinez, a.k.a. Martin Reyes Castro 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NOT FOR PUBLICATION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
JUVENTINO BARRERA MARTINEZ,
a.k.a. Martin Reyes Castro,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73595
Agency No. A094-464-928
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Juventino Barrera Martinez, 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
JAN 04 2012
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 the
agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.
2006), and we deny the petition for review.
The record does not compel the conclusion that Barrera Martinez established
changed or extraordinary circumstances to excuse his untimely asylum application.
See 8 C.F.R. § 1208.4(a)(4), (5). Accordingly, his asylum claim fails.
Substantial evidence supports the agency’s finding that Barrera Martinez
failed to establish the harm he fears is on account of a protected ground, because
the threats against him are based on a personal problem with his cousin. See INS v.
Elias-Zacarias, 502 U.S. 478, 481-82 (1992); Molina-Morales v. INS, 237 F.3d
1048, 1052 (9th Cir. 2001) (personal retribution is not persecution on account of a
protected ground). Accordingly, his withholding of removal claim fails.
Substantial evidence also supports the agency’s denial of CAT relief because
Barrera Martinez failed to establish it is more likely than not he would be tortured
upon return to El Salvador. See Santos-Lemus v. Mukasey, 542 F.3d 738, 748-49
(9th Cir. 2008).
PETITION FOR REVIEW DENIED.

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