Opinion
No. 09-73991.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 28, 2011.
William J. Baker, Moreno Associates, Chula Vista, CA, for Petitioner.
Genevieve Holm, OIL, Manuel Palau, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Home-land Security, San Francisco, CA, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A070-954-436.
Before: FARRIS, LEAVY and BYBEE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Petitioner Gerson Norberto Ordonez, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals order dismissing his appeal from an immigration judge's decision denying application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.
Petitioner does not challenge the denial of his applications for protection under the Convention Against Torture or cancellation of removal.
Substantial evidence supports the Board's denial of asylum and withholding of removal because Ordonez failed to establish that guerrillas threatened him on account of a protected ground. See I.N.S. v. Elias-Zacarias, 502 U.S. 478, 482-83, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (holding that forced recruitment alone is not enough to show persecution on account of political opinion).
We decline to address Ordonez's unexhausted contention that he is eligible for a grant of humanitarian asylum. 8 U.S.C. § 1252(d); Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir. 2000) (declining to consider a claim that Board did not have first opportunity to consider).