Miguel-Miguel

MEMORANDUM ***

Jose Arturo Miguel-Miguel, a native and citizen of Guatemala, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s order denying his application for withholding of removal and request for relief under the United Nations Convention Against Torture (the “Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 (b). See Castro-Espinosa v. Ashcroft, 257 F.3d 1130 , 1131 n. 1 (9th Cir.2001) (order). We deny the petition.

We review the BIA’s factual findings for substantial evidence, and we uphold the BIA ruling unless the evidence compels a contrary result. Hakeem, v. INS, 273 F.3d 812, 816 (9th Cir.2001).

The evidence does not compel the conclusion that Miguel would more likely than not be persecuted upon return to Guatemala because he participated in the military’s exhumation of mass graves and then deserted the military four years later. See 8 U.S.C. § 1231 (b)(3)(A); 8 C.F.R. § 208.16 (b)(2); Lim v. INS, 224 F.3d 929, 938 (9th Cir.2000). Accordingly, Miguel failed to establish eligibility for withholding of removal. See id. (upholding BIA’s denial of application for…