Esteban Maldonado Diaz v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION APR 02 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ESTEBAN DONATO MALDONADO No. 09-72102
DIAZ,
Agency No. A072-140-781
Petitioner,
MEMORANDUM*
v.
ERIC H. HOLDER, Jr., Attorney
General,
Respondent.
On Petition for Review of an Order of
The Board of Immigration Appeals
Argued and Submitted March 12, 2014
San Francisco, California
Before: WALLACE and BERZON, Circuit Judges; and ZOUHARY, District
Judge.**
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Jack Zouhary, United States District Judge for the
Northern District of Ohio, sitting by designation.
Petitioner Esteban Donato Maldonado Diaz (“Diaz”), a native of Guatemala,
petitions for review of an order from the Board of Immigration Appeals (“BIA”)
denying his application for asylum, withholding of removal, and protection under the
Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252.
Amicus counsel argues the BIA committed a due process violation by
concluding Diaz had abandoned a political opposition claim related to a forced
meeting held by guerrillas with townspeople and by failing to develop the record
adequately. However, Diaz fails to show he suffered prejudice as a result of any
alleged due process violation. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.
2000); see also Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir. 2010). This is
so because the generalized threats to the townspeople are patently insufficient to
warrant relief. See Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000).
Substantial evidence supports the BIA’s conclusion that Diaz did not establish
past persecution on account of his political opinion or a well-founded fear of future
persecution. See Ochave v. INS, 254 F.3d 859, 865 (9th Cir. 2001); Sangha v. INS,
103 F.3d 1482, 1486-87 (9th Cir. 1997). The bus robberies he endured were random
acts of violence and fear of violence is an insufficient basis for granting asylum. See
Chavez v. INS, 723 F.2d 1431, 1434 (9th Cir. 1984).
PETITION DENIED.
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