Antonio Francisco Pablo v. Eric Holder, Jr.

MEMORANDUM

Antonio Francisco Pablo and his four sons, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“U”) decision denying Francisco Pablo’s 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 and review de novo legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part and deny in part the petition for review.

We dismiss Francisco Pablo’s contention that the IJ incorrectly characterized the reason he is afraid to return to Guatemala because this argument was not exhausted before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

Francisco Pablo does not argue that he suffered past persecution, but instead that he will be persecuted in Guatemala in the future. Substantial evidence supports the agency’s finding that Francisco Pablo failed to establish an objective, well-founded fear of future persecution on account of a protected ground. See Nagoulko v. INS, 333 F.3d 1012,…