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363 F. App'x 444

Perez v. Holder

U.S. Courts of Appeals

Decided January 21, 2010

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U.S. Courts of Appeals · decided 2010-01-21

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Immigration & Naturalization Service v. Elias-Zacarias · Martinez-Serrano v. Immigration & Naturalization Service · Li v. Immigration And Naturalization Service

Decided 2010-01-21

¶1 MEMORANDUM

¶2 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. 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, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), we deny the petition for review.

¶3 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.

¶4 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).

¶5 PETITION FOR REVIEW DENIED.

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

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