William Lopez v. Eric Holder, Jr.

MEMORANDUM

William Ernesto Lopez (“Lopez”), a native and citizen of El Salvador, 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 and withholding of removal. Jurisdiction is governed by 8 U.S.C. § 1252 , and we review the agency’s factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). The due process claims are reviewed de novo. Liu v. Holder, 640 F.3d 918, 930 (9th Cir.2011). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s determination that Lopez’s experiences in El Salvador did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (unfulfilled threats did not rise to the level of persecution); Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (asylum applicant did not establish past persecution even though he received threatening phone calls and letters for years and was followed by unidentified men). Because Lopez’s experiences did not rise to the level of persecution, we need not consider whether Lopez was a member of a…