Mainor Marroquin v. Eric Holder, Jr. , 472 F. App'x 772 ( 2012 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                           APR 25 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    MAINOR AMILCAR MARROQUIN;                         No. 09-70850
    OFELIA MARROQUIN-PINEDA,
    Agency Nos. A072-544-152
    Petitioners,                                   A098-005-176
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted April 17, 2012 **
    Before:        LEAVY, PAEZ, and BEA, Circuit Judges.
    Mainor Amilcar Marroquin and Ofelia Marroquin-Pineda, natives and
    citizens of Guatemala, petition for review of the Board of Immigration Appeals’
    order dismissing their appeal from an immigration judge’s decision denying their
    applications for asylum, withholding of deportation and removal, and relief under
    *
    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).
    the Convention Against Torture (“CAT”). We have jurisdiction pursuant to
    
    8 U.S.C. § 1252
    . We review for substantial evidence factual findings, Sowe v.
    Mukasey, 
    538 F.3d 1281
    , 1285 (9th Cir. 2008), and deny the petition for review.
    The record does not compel the conclusion that the death threats Marroquin
    experienced, even considered cumulatively, amounted to persecution. See Lim v.
    INS, 
    224 F.3d 929
    , 936-37 (9th Cir. 2000) (unfulfilled threats, without more, do
    not generally constitute persecution). Therefore, petitioners’ humanitarian asylum
    claim fails. See 
    8 C.F.R. § 1208.13
    (b)(1)(iii). In addition, substantial evidence
    supports the agency’s finding that, even if Marroquin established past persecution,
    the record reflects country conditions in Guatemala have changed such that
    petitioners no longer have a well-founded fear of future persecution by the
    Guatemalan army or guerrillas. See Sowe, 
    538 F.3d at 1286-87
    . Accordingly,
    petitioners’ asylum and withholding of deportation and removal claims fail.
    Finally, substantial evidence also supports the agency’s denial of CAT relief
    based on changed country conditions. See id, at 1288-89.
    PETITION FOR REVIEW DENIED.
    2                                   09-70850
    

Document Info

Docket Number: 09-70850

Citation Numbers: 472 F. App'x 772

Judges: Bea, Leavy, Paez

Filed Date: 4/25/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023