Alvaro Yovani Sanchez- Garcia, a.k.a. Alvaro Jovany Sanchez v. ERIC H. HOLDER, Jr., Attorney General

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALVARO YOVANI SANCHEZ-
GARCIA, a.k.a. Alvaro Jovany Sanchez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71753
Agency No. A094-461-588
ORDER
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
The petition for panel rehearing is granted. The memorandum disposition
filed on November 16, 2012, is withdrawn. An amended memorandum disposition
is being filed concurrently with this order.
Any additional petition for rehearing shall be filed within 45 days from the
date the amended memorandum disposition is filed.
FILED
MAR 29 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALVARO YOVANI SANCHEZ-
GARCIA, a.k.a. Alvaro Jovany Sanchez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71753
Agency No. A094-461-588
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Alvaro Yovani Sanchez-Garcia, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to remand and dismissing his appeal from an immigration judge’s decision
FILED
MAR 29 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71753 2
denying his application for asylum and withholding of removal. Our jurisdiction is
governed by 8 U.S.C. § 1252. We review for substantial evidence factual findings,
Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and for abuse of
discretion the denial of a motion to remand, de Jesus Melendez v. Gonzales, 503
F.3d 1019, 1023 (9th Cir. 2007). We deny in part and dismiss in part the petition
for review.
Substantial evidence supports the agency’s finding that Sanchez-Garcia did
not demonstrate past persecution or a well-founded fear of future persecution on
account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82
(1992); Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir. 2009) (“[t]he Real
ID Act requires that a protected ground represent ‘one central reason’ for an
asylum applicant’s persecution”). Accordingly, Sanchez-Garcia’s asylum and
withholding of removal claims fail. See Ochoa v. Gonzales, 406 F.3d 1166, 1172
(9th Cir. 2005).
The BIA did not abuse its discretion in denying Sanchez-Garcia’s request to
remand to consider his claim for cancellation of removal because he did not
demonstrate prima facie eligibility for that form of relief. See Fernandez v.
Gonzales, 439 F.3d 592, 599 (9th Cir. 2006). We lack jurisdiction to review

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09-71753 3
Sanchez-Garcia’s contentions related to hardship because he failed to raise this
issue to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
Further, we deny Sanchez-Garcia’s motion for judicial notice of the
declaration by his wife and do not consider the additional documents he submitted
with his opening brief because they are not part of the administrative record. See
Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc) (this court’s review is
limited to the administrative record). In light of our conclusions, we deny the
government’s motion to strike as unnecessary.
Finally, we deny Sanchez-Garcia’s request for a remand to consider a new
grant of voluntary departure.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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