Raymondo-Diego

MEMORANDUM

Alejandro Raymondo-Diego, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming the immigration judge’s (“IJ’s”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review factual findings for substantial evidence, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008), and we review due process claims de novo, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

The IJ denied Raymondo-Diego’s asylum application as time barred, and Ray-mondo-Diego does not challenge this finding.

Substantial evidence supports the IJ’s denial of withholding of removal because the difficulties Raymondo-Diego suffered in Guatemala did not rise to the level of persecution, see Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003), and the unharmed presence of Raymondo-Diego’s similarly situated family members undermines his fear of future persecution, see Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001). Substantial evidence also supports the IJ’s finding…