Manuel Mancia-Garcia v. Eric Holder, Jr.

MEMORANDUM

Manuel de Jesus Maneia-Garcia, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zhou v. Gonzales, 437 F.3d 860, 864 (9th Cir.2006), and we deny the petition for review.

As a preliminary matter, Mancia-Gar-cia’s contentions that the IJ’s adverse credibility finding was unsupported and that it violated his due process rights fail because the IJ found him credible.

Substantial evidence supports the BIA’s conclusion that Maneia-Garcia failed to establish past persecution where his abusers were private actors, he did not report the abuse, and the record evidence before the IJ does not compel the conclusion that the police were unwilling or unable to protect homosexuals. See Castro-Martinez v. Holder, 674 F.3d 1073, 1080-82 (9th Cir.2011). Substantial evidence also supports the BIA’s conclusion that Maneia-Garcia…