Nelson Mejia Martinez v. Loretta E. Lynch

MEMORANDUM

Nelson Antonio Mejia Martinez, 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. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008). We deny the petition for review.

Mejia Martinez does not claim past persecution in El Salvador. Substantial evidence supports the agency’s finding that Mejia Martinez did not establish a well-founded fear of persecution on account of a protected ground because his fear of harm by gang members is speculative. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003). We reject Mejia Martinez’s contentions that the agency inadequately or improperly reviewed his case and his evidence. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006) (petitioner did not overcome presumption agency reviewed record). The record does not support his contention that the agency did not adequately articulate its…