Oscar Anduray-Sagastume v. Eric H. Holder Jr.

MEMORANDUM

Oscar Ismeldo Anduray-Sagastume, 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 decision denying his application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s finding that Anduray-Sagastume did not suffer past persecution based on his experiences with the Guatemalan military or with the civil patrol. See Pedro-Mateo v. INS, 224 F.3d 1147, 1151 (9th Cir.2000) (without evidence of a discriminatory purpose, forced conscription into the military is not persecution on account of a protected ground); Molina-Estrada v. INS, 293 F.3d 1089, 1094-95 (9th Cir.2002) (no evidence persecution was motivated by a protected ground). Substantial evidence also supports the BIA’s finding that Anduray-Sagastume did not establish he suffered past…