Jose Rios-Flores v. Eric H. Holder Jr.

MEMORANDUM

Jose Mercedes Rios-Flores, a native and citizen of El Salvador, 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 and protection under the Convention Against Torture (“CAT”). We have juris diction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we deny the petition for review.

Substantial evidence supports the agency’s conclusion that the beating and subsequent threat Rios-Flores suffered did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (beating and repeated threats of harm or death were not “so severe as to compel a finding of past persecution”). Substantial evidence also supports the agency’s determination that Rios-Flores did not establish a clear probability of future persecution. See Canales-Vargas v. Gonzales, 441 F.3d 739, 747 (9th Cir.2006) (concluding that threats received thirteen years prior did not establish clear probability of future persecution). Accordingly, Rios-Flores’ withholding of…