Margarito Rodas Lopez v. Eric Holder, Jr.

MEMORANDUM

Margarito Lucas Rodas-Lopez, 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. 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.

Substantial evidence Supports the BIA’s determination that even though Rodas-Lo-pez suffered past persecution by guerrillas in 1992, his presumption of a fear of future persecution was rebutted by evidence of a fundamental change in circumstances in Guatemala based on the 1996 peace accords between the guerrillas and the Guatemalan government. See 8 C.F.R. § 1208.16 (b)(1)(i)(A); see also Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000-01 (9th Cir.2003) (upholding BIA’s finding that petitioner’s presumption was rebutted). We reject Rodas-Lopez’s contention that the BIA failed to conduct an individualized analysis of how the changed circumstances affected his specific situation. See Sowe v. Mukasey, 538 F.3d 1281, 1286 (9th…