Lopez-Samayoa

MEMORANDUM

Ivan Estuardo Lopez-Samayoa, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), and we review de novo due process claims, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the agency’s denial of Lopez-Samayoa’s asylum claim because, even if credible, the threats against Lopez-Samayoa did not rise to the level of persecution, see Lim, 224 F.3d at 936 , his uncle’s death was unconnected to Lopez-Samayoa, see Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991) (requiring that any pattern of persecution against friends or family members be “closely tied to the petitioner”), and Lopez-Samayoa failed to establish he was or

would be persecuted by the Guatemalan government or by persons the government was unwilling or unable to…