Isidro Juan Francisco v. Eric Holder, Jr.

MEMORANDUM

Isidro Juan Francisco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zeha-tye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s finding that Juan Francisco failed to establish past persecution on account of an actual or imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 482-83 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (forced recruitment alone does not suffice to show persecution on account of political opinion). Because Juan Francisco failed to present his “social group” argument to the BIA, we do not consider it. See Cordon-Garcia v. INS, 204 F.3d 985, 988 (9th Cir.2000). Having failed to establish past persecution, Juan Francisco is not entitled to a presumption of future…