Hernandez-Ortiz

MEMORANDUM **

Henrri Fernando Hernandez-Ortiz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a).

Hernandez-Ortiz contends that he has a well-founded fear of persecution on account of his membership of the Quiché ethnic or racial group. We conclude that substantial evidence supports the IJ’s determination that Hernandez-Ortiz is not eligible for asylum on account of race or ethnicity. See Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir.2004) (stating that an IJ’s decision can be overturned only if “the evidence is such that a reasonable factfinder would be compelled to conclude that the requisite fear of persecution existed”).

Hernandez-Ortiz also contends that he has a well-founded fear of persecution on account of his membership of a particular social group, namely, indigenous Mayan priests. Because Hernandez-Ortiz did not present this claim to the BIA, we lack…