Martin Francisco Matias v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTIN FRANCISCO MATIAS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73553
Agency No. A071-635-920
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 22, 2014*
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Martin Francisco Matias, a native and citizen of Guatemala, 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
FILED
JUL 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).

-- 1 of 2 --

for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453
F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.
Substantial evidence supports the BIA’s determination that, even if credible,
Matias failed to establish past persecution or a well-founded fear of future
persecution by guerrillas on account of his imputed political opinion and/or
membership in a particular social group. See INS v. Elias-Zacarias, 502 U.S. 478,
483 (1992) (petitioner must provide direct or circumstantial evidence of motive).
Thus, Matias’s asylum and withholding of removal claims fail. See
Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir. 2001).
PETITION FOR REVIEW DENIED.
10-73553 2

-- 2 of 2 --