Julio Cordero-Ortiz v. Eric H. Holder Jr.

MEMORANDUM

Julio Alberto Cordero-Ortiz, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration 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 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 determination that Cordero-Ortiz did not suffer past persecution because the unfulfilled threats from unknown individuals do not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (unfulfilled threats and an incident of physical violence did not establish past persecution). Substantial evidence also supports the agency’s determination that Cordero-Ortiz failed to establish a well-founded fear of future persecution. See Khourassany v. INS, 208 F.3d 1096, 1101 (9th Cir.2000) (the continued presence of similarly situated, unharmed family members undermines future fear).…