Milge Menchu v. Eric Holder, Jr.

MEMORANDUM

Milge Horacio Menchu, 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 asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our juris diction is governed by 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 in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s determination that Menchu failed to establish he suffered harm rising to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (harassment, threats, and one beating did not compel a finding of past persecution). Substantial evidence also supports the BIA’s determination that Menchu failed to establish an objectively reasonable well-founded fear of future persecution. See Gonzalez-Medina v. Holder, 641 F.3d 333, 338 (9th Cir.2011) (in the absence of past persecution, the burden is on the applicant to show that relocation would be unreasonable). Thus, Menchu’s…