Marin-Posada v. Holder , 404 F. App'x 198 ( 2010 )

FILED
NOT FOR PUBLICATION NOV 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALEJANDRO MARIN-POSADA, No. 07-74389
Petitioner, Agency No. A078-311-034
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Alejandro Marin-Posada, a native and citizen of Colombia, petitions for
review of the Board of Immigration Appeals’ order summarily affirming 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
*
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).
for substantial evidence factual findings. INS v. Elias-Zacarias, 502 U.S. 478, 481
& n.1 (1992). We deny the petition for review.
Substantial evidence supports the agency’s finding that Marin Posada failed
to demonstrate the urban guerrillas targeted him on account of his membership in a
particular social group or based on an actual or imputed political opinion. See
Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir. 2004). Because Marin-Posada
failed to demonstrate he was or will be persecuted on account of a protected
ground, his asylum and withholding of removal claims fail. See Barrios v. Holder,
581 F.3d 849, 856 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
2 07-74389