Rafael Marroquin Canales v. Eric Holder, Jr.

MEMORANDUM

Rafael Emilio Marroquin Canales, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration- Appeals’ order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, with holding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review factual findings for substantial evidence and review questions of law de novo. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

The record does not compel the conclu- • sion that the brief assault on Canales and the two death threats he received rise to the level of past persecution or establish a well-founded fear of future persecution. See Gu v. Gonzales, 454 F.3d 1014, 1017-18, 1021-22 (9th Cir.2006); see also Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005) (discussing circumstances under which menacing threats constitute persecution, and concluding applicant’s fear of future persecution was too speculative). Accordingly, Canales’s asylum claim fails.

In light of Canales’s failure to establish eligibility for asylum, his claim for withholding of…