Luis Hernandez-Mejia v. Eric H. Holder Jr.

MEMORANDUM

Luis Hernandez-Mej ia, 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 decision denying his applications for asylum and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo due process claims, Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s denial of Hernandez-Mejia’s asylum claim because he failed to demonstrate he was or will be harmed on account of a protected ground. See INS v. Elias-Zacanas, 502 U.S. 478, 482-83 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (even if the petitioner holds a political opinion, he still must establish targeting because of that political opinion). Accordingly, Hernandez-Mejia’s asylum claim fails. See Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir.2005).

Hernandez-Mejia contends the agency applied the incorrect legal standard to his cancellation of…