Cruz Lemus v. Eric Holder, Jr.

MEMORANDUM

Cruz Lemus, 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 the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and review de novo claims of due process violations in immigration proceedings, Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the BIA’s determination that Lemus’s experiences regarding his reenlistment in the military do not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (discrimination, harassment, and physical encounters without any significant physical violence did not compel finding of past persecution). We reject Lemus’s contentions that the agency inadequately or improperly considered his past persecution claim. Substantial evidence also supports the BIA’s determination that Lemus…