Armando Beltran-Prado v. Loretta E. Lynch

Good Law
610 F. App'x 688
United States Court of Appeals for the Ninth CircuitJuly 28, 201513-71548California341 words

Opinion

Opinion

MEMORANDUM

Armando Beltran-Prado, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) 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), and we deny the petition for review.

Beltran-Prado does not challenge the BIA’s finding that he did not contest the IJ’s denial of his asylum application as time-barred.

With respect to withholding of removal, substantial evidence supports the BIA’s determination that Beltran-Prado did not establish past persecution in Mexico. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (“Threats standing alone ... constitute past persecution in only a small category of cases, and only when the threats are so menacing as to cause significant actual suffering or harm.”) (internal quotation and citation omitted). Substantial evidence also supports the BIA’s conclusion that Beltran-Prado failed to establish it is…

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