Sergio Garzo-Alvarez v. Eric Holder, Jr.

MEMORANDUM

Sergio Vinicio Garzo-Alvarez, 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 decision denying his application for asylum, withholding of removal, and protection under the Conven tion Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and de novo claims of due process violations. Singh v. Holder, 638 F.3d 1264, 1268-69 (9th Cir.2011). We deny the petition for review.

The record does not compel the conclusion that the threats Garzo-Alvarez received from gang members who sought his help with legal services rose to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000); Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005) (where reasonable minds could differ as to whether threats constituted persecution, the record does not compel a finding of persecution). With respect to future persecution, Garzo-Alvarez failed to meet his burden of establishing that he could not reasonably relocate within Guatemala. See 8 C.F.R. § 1208.13 (b)(3)©; Kaiser v. Ashcroft, 390…