Metin Akkaya v. Eric Holder, Jr.

MEMORANDUM

Metin Akkaya, a native and citizen of Turkey, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Akkaya fears persecution because he avoided military service in Turkey. Akkaya also claims past persecution and a fear of future persecution by his former Sunni religious organization, as well as a fear of Sunnis because of his Submitter religion.

Substantial evidence supports the agency’s determination that Akkaya failed to establish he would face a clear probability of future persecution based on his avoidance of military service. See Barraza Rivera v . INS, 913 F.2d 1443, 1450 (9th Cir. 1990) (mandatory military service and the possibility of punishment for desertion do not by themselves constitute persecution); Zehatye v. Gonzales, 453 F.3d 1182, 1187-88 (9th Cir.2006) (insufficient evidence petitioner would face individualized threats or…