Rene Puac v. Eric Holder, Jr. , 584 F. App'x 871 ( 2014 )

FILED
NOT FOR PUBLICATION OCT 01 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RENE FIDEL PUAC, No. 11-72248
Petitioner, Agency No. A088-894-186
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Rene Fidel Puac, 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 withholding of removal.
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial
*
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).
evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182,
1184-85 (9th Cir. 2006). We deny in part and dismiss in part the petition for
review.
Puac contends he will be persecuted in Guatemala on account of his Mayan
ethnicity. Substantial evidence supports the BIA’s determination that Puac has not
demonstrated that any potential mistreatment he may face in Guatemala would rise
to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.
2003) (discrimination, including employment discrimination, and harassment did
not compel finding of persecution). We lack jurisdiction to consider Puac’s
disfavored group contention because he failed to raise this issue to the BIA. See
Arsdi v. Holder, 659 F.3d 925, 928-29 (9th Cir. 2011). Puac does not otherwise
challenge the BIA’s denial of this withholding of removal claim. Thus, Puac’s
withholding of removal claim fails.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 11-72248