Soliven Bautista v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Soliven Cruz Bautista, a native and citizen of the Philippines, 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 and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence and review de novo legal questions. Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000). We deny the petition for review.
Substantial evidence supports the agency’s finding that Bautista failed to establish that his political opinion or his alleged membership in a particular social group were one central reason for his NPA-related experiences, which substantial evidence indicates were motivated primarily by the NPA’s desire to obtain money through extortion. See Parussimova v. Mukasey, 555 F.3d 734, 742 (9th Cir.2009). Accordingly, Bautista’s asylum claim fails.
Because Bautista has not established eligibility for asylum, he necessarily cannot meet the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).