Kyu Han v. Eric Holder, Jr.

MEMORANDUM

Edgar Arnoldo Rivera-Zuniga, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Rivera-Zuniga failed to establish a clear probability of future persecution because he failed to show the harm he and his family suffered was on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Accordingly, his withholding of removal claim fails.

In addition, we reject Rivera-Zuniga’s conclusory contention the BIA violated his due process rights by failing to adequately evaluate his claim. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error to prevail on due process…