Paulo Orozco-Fuentes v. Eric H. Holder Jr.

MEMORANDUM

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 ap plication 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.

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).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.…