Jose Perez-Rodarte v. Eric Holder, Jr.

MEMORANDUM

Jose Abraham Perez-Rodarte, a native and citizen of Mexico, 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 factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and for abuse of discretion the BIA’s denial of a motion to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007). We deny the petition for review.

Substantial evidence supports the agency’s finding that Perez-Rodarte failed to establish that he suffered harm rising to the level of past persecution when he and his family were attacked by gang members. See Li v. Ashcroft, 356 F.3d 1153, 1158 (9th Cir.2004) (en banc) (describing persecution as an “extreme concept”). Substantial evidence also supports the agency’s finding that Perez-Rodarte did not demonstrate a clear probability of future persecution because he did not show that he cannot relocate internally to avoid harm, see Ochave v. INS, 254 F.3d 859 , 867-68 (9th Cir.2001), or that the government…