Porfiria Yuque-Lopez v. Eric Holder, Jr.

MEMORANDUM

Porfiria Yuque-Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gon zales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Yuque-Lopez failed to establish past persecution because the threats she and her family received did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (unfulfilled threats constituted harassment, not persecution). Substantial evidence also supports the agency’s finding that Yuque-Lopez did not establish a well-founded fear of persecution on account of a protected ground because her family members, who are similarly situated, remain safely in Guatemala, see Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (“[a]n applicant’s…