Jose Antonio Oliva Berducido v. Eric Holder, Jr.

MEMORANDUM

Blas Orantes Herrera, 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 applications for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo due process claims, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that Orantes Herrera did not demonstrate that he suffered past persecution in Guatemala. See Wakkary v. Holder, 558 F.3d 1049, 1060 (9th Cir.2009) (harm to family must be closely tied to petitioner himself). Substantial evidence also supports the agency’s finding that Orantes Herrera did not demonstrate a well-founded fear of persecution in Guatemala. See Nagoulko v. INS, 333 F.3d 1012, 1018…