Jose Salan-Espinoza v. Eric H. Holder Jr.

MEMORANDUM

Jose Jacobo Salan-Espinoza, 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 denying his application for asylum, withholding of removal, and relief 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), and we deny the petition for review.

Substantial evidence supports the agency’s finding that the death threats Salan received did not rise to the level of past persecution. See Canales-Vargas v. Gonzales, 441 F.3d 739, 744 (9th Cir.2006). Substantial evidence also supports the agency’s finding that Salan’s fear of future persecution is not objectively reasonable in light of his testimony that he does not know who specifically threatened him, that he lived in Guatemala without harm for three years following the threats, and that he is no longer involved with the student committee. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (petitioner’s fear of future persecution was not objectively…