649 Fed.Appx. 635 (9th Cir. 2016), 13-72075, Lara-Soto v. Lynch

Docket Nº:13-72075, 13-74023
Citation:649 Fed.Appx. 635
Party Name:JOSUE DANIEL LARA-SOTO, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent
Attorney:For JOSUE DANIEL LARA-SOTO (13-72075, 13-74023), Petitioner: Brigit Greeson Alvarez, Esquire, Attorney, Law Office of Brigit G. Alvarez, Los Angeles, CA. For LORETTA E. LYNCH, Attorney General, Respondent (13-72075): OIL, Richard Zanfardino, Trial Attorney, Jeremy M. Bylund, Trial Attorney, U.S. ...
Judge Panel:Before: KOZINSKI, W. FLETCHER and GOULD, Circuit Judges.
Case Date:May 13, 2016
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 635

649 Fed.Appx. 635 (9th Cir. 2016)

JOSUE DANIEL LARA-SOTO, Petitioner,

v.

LORETTA E. LYNCH, Attorney General, Respondent

Nos. 13-72075, 13-74023

United States Court of Appeals, Ninth Circuit

May 13, 2016

Argued and Submitted, May 3, 2016, Pasadena, California

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A095-797-258.

PETITION DENIED.

For JOSUE DANIEL LARA-SOTO (13-72075, 13-74023), Petitioner: Brigit Greeson Alvarez, Esquire, Attorney, Law Office of Brigit G. Alvarez, Los Angeles, CA.

For LORETTA E. LYNCH, Attorney General, Respondent (13-72075): OIL, Richard Zanfardino, Trial Attorney, Jeremy M. Bylund, Trial Attorney, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC; Chief Counsel ICE, OFFICE OF THE CHIEF COUNSEL, Department of Homeland Security, San Francisco, CA.

For LORETTA E. LYNCH, Attorney General, Respondent (13-74023): Colin J. Tucker, Trial Attorney, Jeremy M. Bylund, Trial Attorney, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC; Chief Counsel ICE, OFFICE OF THE CHIEF COUNSEL, Department of Homeland Security, San Francisco, CA; OIL, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC.

Before: KOZINSKI, W. FLETCHER and GOULD, Circuit Judges.

Page 636

MEMORANDUM [*]

1. Substantial evidence supports the BIA's determination that Lara-Soto is unlikely to be persecuted if he returns to Guatemala. Pagayon v. Holder, 675 F.3d 1182, 1190 (9th Cir. 2011). Lara-Soto testified that the police apprehended and arrested individuals who tried to kill him. The record therefore does not compel the conclusion that the government was " unable or unwilling to control private persecutors." Afriyie v. Holder, 613 F.3d 924, 936 (9th Cir. 2010). And any proclaimed fear of persecution on the basis of family membership was undermined by Lara-Soto's testimony that his parents and child live in Guatemala. Accordingly, Lara-Soto is not entitled to withholding of removal.

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