Florencio Paule v. Loretta E. Lynch

MEMORANDUM

The 90-day stay of proceedings, granted on May 15, 2016, has expired. Florencio Paule’s request to lift the stay is denied as moot.

Paule, a native and citizen of the Philippines, 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. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. See 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 agency’s determination that Paule’s past experiences in the Philippines do not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir. 2003); see Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000) (“Threats standing alone ... constitute past persecution in only a small category of cases, and only when the threats are so menacing as to cause significant actual ‘suffering" or harm’.”). Substantial evidence also supports the agency’s determination that Paule failed to establish that it is more likely than not that he would…