Joel Guadalupe Inda-Ulloa v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOEL GUADALUPE INDA-ULLOA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-74226
Agency No. A089-111-603
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA and WATFORD, Circuit Judges.
Joel Guadalupe Inda-Ulloa, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ 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 for
FILED
MAY 29 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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substantial evidence the factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056
(9th Cir. 2009), and we deny the petition for review.
Even if Inda-Ulloa established changed circumstances to excuse his
untimely asylum application, substantial evidence supports the agency’s finding
that his past experiences in Mexico, including being called derogatory names
related to sexual orientation, did not rise to the level of persecution. See Halaim v.
INS, 358 F.3d 1128, 1132 (9th Cir. 2004) (discrimination does not constitute
persecution).
Further, substantial evidence supports the agency’s finding that Inda-Ulloa
failed to demonstrate a well founded fear of future persecution in Mexico based on
either his homosexuality or his mental disability. See Nagoulko v. INS, 333 F.3d
1012, 1016-18 (9th Cir. 2003) (fear of future harm is too speculative). Thus, Inda-
Ulloa’s asylum claim fails.
Because Inda-Ulloa failed to establish eligibility for asylum, his withholding
of removal claim necessarily fails. See Zehatye v. Gonzales, 453 F.3d 1182, 1190
(9th Cir. 2006).
PETITION FOR REVIEW DENIED.
12-74226 2

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