Jose Berganza Buezo v. Eric Holder, Jr.

MEMORANDUM

Jose Rolando Berganza Buezo and Maria Victoria Blanco Placios de Berganza, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their application 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 factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Petitioners claim past persecution and/or a fear of future persecution based on threatening phone calls in 1990 and 1992, an incident in 1994 in which their car was run off the road, and evidence from their tenant of problems after they left Guatemala.

Substantial evidence supports the agency’s conclusion that the phone calls Blanco Placios de Berganza 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 rather than persecution). Further, the record does not compel the conclusion that petitioners established the car…