Gustavo Barrios v. Eric Holder, Jr.

MEMORANDUM

Gustavo Adolfo Barrios and Julia Guadalupe Marroquin, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an im migration judge’s decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

With respect to past harm, substantial evidence supports the BIA’s finding that guerrillas targeted Barrios for recruitment because he had experience in using military armaments and not on account of a protected ground, including his actual or imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 482 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). With respect to Barrios’s fear of future harm, Barrios testified he does not fear persecution by the guerrillas if he returns to Guatemala. And, Barrios does not challenge the BIA’s findings regarding his fear of future gang violence in Guatemala. See Martinez-Serrano v. INS, 94…