Perez v. Holder , 363 F. App'x 444 ( 2010 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                           JAN 21 2010
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                     U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    JORGE SANTOS PEREZ; et al.,                      No. 07-72863
    Petitioners,                       Agency Nos. A029-378-516
    A096-165-947
    v.
    ERIC H. HOLDER Jr., Attorney General,            MEMORANDUM *
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted January 11, 2010 **
    Before:        BEEZER, TROTT, and BYBEE, Circuit Judges.
    Jorge Santos Perez and his son, both natives and citizens of Guatemala,
    petition for review of the Board of Immigration Appeals’ order dismissing his
    appeal from an immigration judge’s decision denying his application for asylum.
    *
    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).
    KN/Research
    Our jurisdiction is governed by 
    8 U.S.C. § 1252
    . Reviewing for substantial
    evidence, INS v. Elias-Zacarias, 
    502 U.S. 478
    , 481 n.1 (1992), we deny the
    petition for review.
    Perez contends that he will be persecuted by either the guerillas or the
    military if he returns to Guatemala. Substantial evidence supports the agency’s
    finding that Perez failed to establish that a reasonable person in his circumstances
    would fear persecution upon return to Guatemala. See Li v. INS, 
    92 F.3d 985
    , 987
    (9th Cir. 1996). Accordingly, Perez’s asylum claim fails.
    Perez does not does challenge the denial of his withholding of removal
    claim. See Martinez-Serrano v. INS, 
    94 F.3d 1256
    , 1259-60 (9th Cir. 1996) (issues
    not supported by argument are deemed waived).
    PETITION FOR REVIEW DENIED.
    KN/Research                                2                                      07-72863