Margarito Rodas Lopez v. Eric Holder, Jr. ( 2014 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MARGARITO LUCAS RODAS-LOPEZ, No. 11-70391
Petitioner, Agency No. A095-605-013
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Margarito Lucas Rodas-Lopez, 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. We have jurisdiction under 8 U.S.C. § 1252. We review
for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
1049, 1056 (9th Cir. 2009), and we deny the petition for review.
Substantial evidence supports the BIA’s determination that even though
Rodas-Lopez suffered past persecution by guerrillas in 1992, his presumption of a
fear of future persecution was rebutted by evidence of a fundamental change in
circumstances in Guatemala based on the 1996 peace accords between the
guerrillas and the Guatemalan government. See 8 C.F.R. § 1208.16(b)(1)(i)(A);
see also Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000-01 (9th Cir. 2003)
(upholding BIA’s finding that petitioner’s presumption was rebutted). We reject
Rodas-Lopez’s contention that the BIA failed to conduct an individualized analysis
of how the changed circumstances affected his specific situation. See Sowe v.
Mukasey, 538 F.3d 1281, 1286 (9th Cir. 2008). In light of our conclusions, we do
not reach Rodas-Lopez’s contention regarding his brother and brother-in-law.
Finally, we reject Rodas-Lopez’s contention that the BIA erred in its discussion of
the 2003 incident at his parents’ home. Rodas-Lopez did not argue, and does not
contend before the court, that the 2003 incident was “closely tied” to his
mistreatment by guerrillas in 1992. See Arriaga-Barrientos v. INS, 937 F.2d 411,
414 (9th Cir. 1991).
PETITION FOR REVIEW DENIED.
2 11-70391