Estuardo Carrato Cuevas v. Eric Holder, Jr.

MEMORANDUM

Estuardo Carrato Cuevas, 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 withholding of removal, protection under the Convention Against Torture (“CAT”), and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that the anonymous letters demanding money and threatening death that Carrato Cuevas’ family received did not constitute persecution. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (unfulfilled threats “constitute^] harassment rather than persecution”). The BIA did not rely on a lack of corroboration in making this finding.

Further, substantial evidence supports the agency’s finding that Carrato Cuevas failed to establish it is more likely than not that he will be persecuted in Guatemala considering his…