Rafael Romero v. Eric Holder, Jr.

MEMORANDUM

Rafael Romero, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that Romero did not suffer harm rising to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000); see also Li v. Ashcroft, 356 F.3d 1153, 1158 (9th Cir.2004) (en banc) (persecution is an “extreme concept”) (internal quotation marks, and citation omitted). Substantial evidence also supports the agency’s finding that Romero did not demonstrate a well-founded fear of future persecution on account of a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.2010). We lack jurisdiction to review Romero’s unexhausted claim for humanitarian asylum. See Barron v.…