Cristobal Alarcon Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Cristobal De Jesus Alarcon Gonzalez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“LJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s determination that, although Alarcon Gonzales established past persecution, the presumption of a well-founded fear of future persecution was rebutted by evidence of changed country conditions. The record shows the Guatemalan civil war ended in 1996, the civil patrol has been disbanded, and the IJ engaged in an individualized analysis of Alarcon Gonzalez’s future fear based on the changed country conditions. See 8 C.F.R. § 1208.13 (b)(l)(I); Popova v. INS, 273 F.3d 1251, 1259 (9th Cir.2001). Thus, Alarcon Gonzalez’s asylum claim fails.

Because Alarcon Gonzales has not established eligibility for asylum, he necessarily cannot meet the…