Mauricio Giraldo v. Eric H. Holder Jr.

MEMORANDUM

Mauricio Giraldo Rios, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from the immigra tion judge’s decision denying his 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 the agency’s factual findings and review its legal conclusions de novo. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). The court reviews a denial of a motion to remand for abuse of discretion, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir. 2007). We deny the petition for review.

Substantial evidence supports the agency’s finding that the two death threats Giraldo Rios received did not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (citation and internal quotations omitted) (“Threats standing alone ... constitute past persecution in only a small category of cases, and only when the threats are so menacing as to cause significant actual suffering or harm.”). Substantial evidence also supports…