Leonardo Barrera-Torres v. Loretta E. Lynch

MEMORANDUM

Vitalii Trubnikov, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process claims and we review for substantial evidence the agency’s factual findings. Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir. 2012). We deny the petition for review.

We reject Trubnikov’s contentions that the agency violated his due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

Substantial evidence supports the agency’s determination that Trubnikov’s experiences in Ukraine, even considered cumulatively, did not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir. 2003) (being teased, harassed, and discriminated against without any significant physical harm did not compel finding of past persecution); Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000) (“Threats standing alone ... constitute past persecution in…