Jaroslav Fecko v. Eric H. Holder Jr.

MEMORANDUM

Jaroslav Fecko, a native and citizen of Slovakia, 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 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 we deny the petition for review.

Substantial evidence supports the BIA’s finding that the harm Fecko experienced, even considered cumulatively, did not rise to the level of persecution. See Gu v. Gonzales, 454 F.3d 1014, 1019-21 (9th Cir.2006); see also Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995) (“Although a reasonable factfinder could have found [these incidents constituted] past persecution, we do not believe that a factfinder would be compelled to do so.”) (emphasis in original). In addition, with regard to the 1984 events, substantial evidence also supports the conclusion that Fecko failed to demon strate a well-founded fear of persecution. See Gu, 454 F.3d at 1022 . Further, with regard to the 1994…