Hugo Avila-Hernandez v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Hugo Cesar Avila-Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. 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). We deny the petition for review.
Avila-Hernandez contends his mother’s abusive ex-boyfriend will persecute him if he returns to Mexico. Substantial evidence supports the agency’s determination that Avila-Hernandez did not establish a well-founded fear of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (possibility of persecution was too speculative”). We reject Avila-Hernandez’s contention that the agency did not consider the entire record. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006) (petitioner did not overcome presumption agency reviewed record). In light of our conclusion, we do not reach Avila-Hernandez’s contentions regarding the agency’s time-bar finding. Thus, his asylum claim fails.