Rivera
Rivera v. Holder
Opinion
Opinion
MEMORANDUM
Enrico Rivera and his family, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their claims 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.
The incidents of mistreatment at issue, including pushing Rivera into a taxi, pushing his wife at the front door of their home, and the general, unfulfilled threats of harm to Rivera and his family, do not compel a finding of past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1017 (9th Cir.2003) (incidents of pushing by police did “not compare to the severity of physical abuse that in other cases we have deemed persuasive to show persecution”); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (unfulfilled threats constituted harassment rather than persecution). Furthermore, substantial evidence supports the agency’s finding that Rivera failed to establish an…