Luis Chajon-Guzman v. Eric Holder, Jr.

MEMORANDUM

Luis Ambrosio Chajon-Guzman, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Substantial evidence supports the BIA’s finding that Chajon-Guzman failed to demonstrate the deaths of his mother and sister were on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (petitioner must provide direct or circumstantial evidence of motive). Further, contrary to Chajon-Guzman’s contention, the IJ did not require him to have seen the incident with his mother and sister, and the BIA did not require him to prove the cause of their deaths to an absolute certainty. Because Chajon-Guzman did not establish past persecution, he is not eligible for humanitarian asylum. See 8 C.F.R. §…