Catalino Delgadillo-Garcia v. Eric Holder, Jr.

MEMORANDUM

Catalino Delgadillo-Garcia, 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 relief 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 deny the petition for review.

Substantial evidence supports the BIA’s finding that Delgadillo-Garcia’s experiences with the Guatemalan guerrillas and the Guatemalan Navy did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). In the absence of past persecution, Delga-dillo-Garcia’s humanitarian asylum claim necessarily fails. See 8 C.F.R. § 1208.13 (b)(l)(iii). Delgadillo-Garcia does not claim a well-founded fear of future persecution based on his past experiences in Guatemala and does not otherwise challenge the BIA’s determination that he has failed to establish a well-founded fear of persecution. See Martinez-Serrano v. INS, 94 F.3d 1256,…