Juan Ortiz-Mejia v. Eric Holder, Jr.

MEMORANDUM

Juan Ortiz-Mejia, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals (BIA) order dismissing his appeal of a decision by the immigration judge (IJ) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny the petition for review, which addresses only Ortiz-Mejia’s application for asylum.

Because the BIA incorporated into its order the IJ’s finding that Ortiz-Mejia had not established that he suffered from past persecution, we review both decisions to determine whether that finding is supported by substantial evidence in the record. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). We conclude that it is. Although Ortiz-Mejia testified that he had received threats against himself, his family, and his home, he did not provide specific details as to the tone or manner of those threats. Ortiz-Mejia, his family, and his home were never actually harmed in any way. In the absence of more specific evidence of threats of harm or actual harm, the agency’s finding that Ortiz-Mejia did not suffer past persecution is…