Andres Garcia-Cruz v. Eric Holder, Jr.

MEMORANDUM

Andres Garcia-Cruz, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Arteaga-De Alvarez v. Holder, 704 F.3d 730, 735 (9th Cir.2012), and for substantial evidence the BIA’s factual findings, Zetino v. Holder, 622 F.3d 1007, 1012 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

The agency properly determined that Garcia-Cruz is ineligible for cancellation of removal where the record reflects that he lacks a qualifying relative. See 8 U.S.C. § 1229b(b)(1)(D); Molina-Estrada v. INS, 293 F.3d 1089, 1093-94 (9th Cir.2002).

To the extent Garcia-Cruz contends he should have been granted asylum, substantial evidence supports the BIA’s finding that he is ineligible for relief, where he testified that he did not fear any harm if returned to El Salvador. See 8 U.S.C. § 1101 (a)(42) (to qualify for asylum an applicant must demonstrate that he is unable or unwilling to return to his country of origin “because of persecution or a…