Miguel Uribe Moran v. Eric Holder, Jr.

MEMORANDUM

Miguel Angel Uribe Moran, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, and withholding 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 conclusion that Uribe Moran is not eligible for asylum based on having been assaulted by men who wanted information to help them rob the bank where he worked, see Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004) (“[rjandom, isolated criminal acts perpetrated by anonymous thieves do not establish persecution”), or based on his having inadvertently seen a letter sent to his boss by the Shining Path, see Baghdasaryan v. Holder, 592 F.3d 1018, 1023 (9th Cir.2010) (to show past persecution, asylum applicant must establish that harm rises to the level of persecution, has a nexus to a protected ground, and was done by the government or forces the…