Misael Perdomo-Martinez v. Eric H. Holder Jr.

MEMORANDUM

Misael Perdomo-Martinez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision de nying his application for withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Perdomo-Martinez did not establish a clear probability of persecution because the threats he and his family received, and the death of his cousin, do not amount to persecution on account of a protected ground. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153 (9th Cir.2005); Sangha v. INS, 103 F.3d 1482, 1486 (9th Cir.1997). Substantial evidence also supports the agency’s determination Perdomo-Martinez failed to establish a clear probability of persecution in light of his family’s ability to live unharmed in Guatemala City. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001). Perdomo-Martinez does not otherwise contend he has a future fear of…