Jose Chicas v. Eric Holder, Jr.

MEMORANDUM

Jose Simeon Chicas, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ 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”). 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), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the BIA’s determination that Chicas failed to establish he suffered past persecution. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005) (threats did not compel finding of past persecution where the petitioner never had a personal confrontation with the people threatening him). Substantial evidence also supports the BIA’s determination that Chicas failed to establish his fear of future harm from a criminal who Chicas shot is on account of a protected ground. See Grava v. INS, 205 F.3d 1177 , 1181 n. 3 (9th Cir.2000)…