Carlos Colocho v. Loretta E. Lynch

MEMORANDUM

Carlos Humberto Colocho, 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 order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo constitutional claims. Zetino v. Holder, 622 F.3d 1007, 1011-12 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s denial of Colocho’s application for asylum, where the record does not compel the conclusion that Colocho established past persecution, see Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir.2009) (mistreatment, including two beatings, did not compel finding of past persecution), or an objectively reasonable fear of future persecution, see Halim v. Holder, 590 F.3d 971, 976 (9th Cir.2009) (fear of future persecution “must be both subjectively genuine and objectively reasonable” (citation and quotation marks omitted)).

Because Colocho failed to meet the lower standard of proof for asylum, it follows that he has not met the higher standard for withholding of removal.…