Pedro Siquina-Cacatzun v. Eric Holder, Jr.

MEMORANDUM

Pedro Siquina-Cacatzun, a native and citizen of Guatemala, petitions pro se for review of a Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

Substantial evidence supports the agency’s finding that Siquina-Cacatzun’s experiences with guerrillas in Guatemala did not rise to the level of past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003) (record did not compel finding of past persecution where petitioner was harassed, but “never suffered any significant physical violence.”). The record does not compel the finding that Siqui-na-Caeatzun established his fear of future harm by guerrillas was on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 482 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). In addition, substantial evidence supports the agency’s determination that his fear of crime in…