Jesus Menjivar Montoya v. Eric H. Holder Jr.
Opinion
Opinion
MEMORANDUM
Jesus Menjivar Montoya, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir. 2006), and we review de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny in part and dismiss in part the petition for review.
Substantial evidence supports the agency’s finding that the threats directed at Menjivar Montoya did not rise to the level of past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000). Substantial evidence also supports the agency’s finding that Menjivar Montoya failed to establish a well-founded fear of future persecution because he failed to demonstrate a specific threat to him now that the guerrillas and the government are no longer at war. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003).