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Juan Carlos PALACIOS-MOLINA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2013-05-20No. No. 11-71500
519 F. App'x 432

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Opinion

majority opinion

MEMORANDUM

Juan Carlos Palacios-Molina, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Palacios-Molina does not claim he suffered past persecution. Substantial evidence supports the agency’s finding that Palacios-Molina does not have a wellfound-ed fear of persecution because he failed to demonstrate that he could not relocate within Peru to avoid harm. See Gonzalez-Medina v. Holder, 641 F.3d 333, 338 (9th Cir.2011) (in the absence of past persecution, the burden is on the petitioner to show that relocation would be unreasonable). We reject Palacios-Molina’s contention that the BIA used the wrong burden of proof as to relocation. Accordingly, Pa-lacios-Molina’s asylum claim fails.

Because Palacios-Molina failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Zehatye, 453 F.3d at 1190.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.