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Hernandez-Marinero v. Holder

United States Court of Appeals, Ninth Circuit
Jul 22, 2011
444 F. App'x 949 (9th Cir. 2011)

Opinion

No. 09-73684.

Submitted July 12, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

July 22, 2011.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A098-596-801.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.


MEMORANDUM

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


Juan Carlos Hernandez-Marinero, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from the immigration judge's decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We deny the petition for review.

Substantial evidence supports the agency's finding that Hernandez-Marinero failed to establish past persecution or a well-founded fear of future persecution because the isolated assault by unknown assailants was not on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481 n. 1 (1992). Accordingly, Hernandez-Marinero's asylum and withholding of removal claims fail. See Barrios v. Holder, 581 F.3d 849, 856 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.


Summaries of

Hernandez-Marinero v. Holder

United States Court of Appeals, Ninth Circuit
Jul 22, 2011
444 F. App'x 949 (9th Cir. 2011)
Case details for

Hernandez-Marinero v. Holder

Case Details

Full title:JUAN CARLOS HERNANDEZ-MARINERO, Petitioner, v. ERIC H. HOLDER, Jr.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 22, 2011

Citations

444 F. App'x 949 (9th Cir. 2011)