FILED NOT FOR PUBLICATION MAR 29 2019 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JULIO LEONEL DONIS- ) No. 15-72670 BARRIENTOS, ) ) Agency No. A205-843-774 Petitioner, ) ) MEMORANDUM* v. ) ) WILLIAM P. BARR, Attorney ) General, ) ) Respondent. ) ) On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 4, 2019** Pasadena, California Before: FERNANDEZ and OWENS, Circuit Judges, and DONATO,*** District Judge. Julio Leonel Donis-Barrientos, a native and citizen of Guatemala, petitions * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). *** The Honorable James Donato, United States District Judge for the Northern District of California, sitting by designation. for review of the Board of Immigration Appeals’ (BIA) denial of his application for asylum,1 withholding of removal,2 and Convention Against Torture (CAT)3 relief. We deny the petition. (1) The BIA’s determination that an alien is not eligible for asylum must be upheld if “‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’” INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S. Ct. 812, 815, 117 L. Ed. 2d 38 (1992). “It can be reversed only if the evidence presented . . . was such that a reasonable factfinder would have to conclude that the requisite fear of persecution existed.” Id.; see also Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). When an alien seeks to overturn the BIA’s adverse determination, “he must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” Elias-Zacarias, 502 U.S. at 483–84, 112 S. Ct. at 817; see also Ling Huang v. Holder, 744 F.3d 1149, 1152 (9th Cir. 2014). When an asylum claim is involved, an alien must show either past persecution or a well-founded fear of future 1 8 U.S.C. § 1158(a)(1). 2 8 U.S.C. § 1231(b)(3)(A). 3 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted Dec. 10, 1984, S. Treaty Doc. No. 100-20 (1988), 1465 U.N.T.S. 85, implemented at 8 C.F.R. § 1208.18. 2 persecution that is “subjectively genuine and objectively reasonable.” Fisher v. INS, 79 F.3d 955, 960 (9th Cir. 1996) (en banc); see also Gu v. Gonzales, 454 F.3d 1014, 1019 (9th Cir. 2006). Donis has not met this burden. He submitted no evidence that he was personally persecuted in Guatemala at any time. Nor has he shown a well-founded fear of future persecution. For example: His suggestion that he might be persecuted in the future rests upon his claim that he is a member of a social group4 comprised of “young Guatemalan men who are relatives of gang members and are targets of government authorities as part of a social cleansing due to ...
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