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Guerra v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 29, 2015
604 F. App'x 634 (9th Cir. 2015)

Opinion

No. 13-72619

05-29-2015

ERIC GEPIGA GUERRA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A079-630-433 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Eric Gepiga Guerra, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir. 2005), and we deny the petition for review.

We reject Guerra's request that the court take judicial notice of country conditions in the Philippines. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc).

The record does not compel the finding that Guerra established the government of the Philippines is unwilling or unable to control the individuals he fears. See Nahrvani, 399 F.3d at 1154. Thus, Guerra's asylum and withholding of removal claims fail. See id.

PETITION FOR REVIEW DENIED.


Summaries of

Guerra v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 29, 2015
604 F. App'x 634 (9th Cir. 2015)
Case details for

Guerra v. Lynch

Case Details

Full title:ERIC GEPIGA GUERRA, Petitioner, v. LORETTA E. LYNCH, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: May 29, 2015

Citations

604 F. App'x 634 (9th Cir. 2015)