Mainor Marroquin v. Eric Holder, Jr.

MEMORANDUM

Mainor Amilear Marroquin and Ofelia Marroquin-Pineda, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of deportation and removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Sowe v. Mukasey, 538 F.3d 1281, 1285 (9th Cir.2008), and deny the petition for review.

The record does not compel the conclusion that the death threats Marroquin experienced, even considered cumulatively, amounted to persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000) (unfulfilled threats, without more, do not generally constitute persecution). Therefore, petitioners’ humanitarian asylum claim fails. See 8 C.F.R. § 1208.13 (b)(l)(iii). In addition, substantial evidence supports the agency’s finding that, even if Marroquin established past persecution, the record reflects country conditions in Guatemala have changed such that petitioners no longer have a well-founded fear of future persecution by the Guatemalan…