NELSON ANTONIO MEJIA MARTINEZ, AKA Nelson Martinez, AKA Nelson Mejia v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NELSON ANTONIO MEJIA
MARTINEZ, AKA Nelson Martinez,
AKA Nelson Mejia,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 10-72703
Agency No. A094-460-301
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Nelson Antonio Mejia Martinez, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s decision denying his application for asylum,
FILED
JUL 28 2015
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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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. Silaya v. Mukasey, 524 F.3d 1066, 1070
(9th Cir. 2008). We deny the petition for review.
Mejia Martinez does not claim past persecution in El Salvador. Substantial
evidence supports the agency’s finding that Mejia Martinez did not establish a
well-founded fear of persecution on account of a protected ground because his fear
of harm by gang members is speculative. See Nagoulko v. INS, 333 F.3d 1012,
1018 (9th Cir. 2003). We reject Mejia Martinez’s contentions that the agency
inadequately or improperly reviewed his case and his evidence. See Fernandez v.
Gonzales, 439 F.3d 592, 603 (9th Cir. 2006) (petitioner did not overcome
presumption agency reviewed record). The record does not support his contention
that the agency did not adequately articulate its reasons. Thus, his asylum claim
fails.
Because Mejia Martinez failed to meet the lower standard of proof for
asylum, his claim for withholding of removal necessarily fails. See Zehatye v.
Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).
Finally, substantial evidence supports the agency’s denial of CAT relief
because Mejia Martinez failed to establish it is more likely than not he would be
10-72703 2

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tortured at the instigation of or with the acquiescence of the government if returned
to El Salvador. See Silaya, 524 F.3d at 1073.
PETITION FOR REVIEW DENIED.
10-72703 3

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