Lino Ixpata-Bolvito v. Eric H. Holder Jr.

MEMORANDUM

Lino Ixpata-Bolvito, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo due process claims, Tovar-Landin v. Ashcroft, 361 F.3d 1164, 1166 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Ixpata-Bolvito failed to demonstrate that the guerrillas’ threats rose to the level of persecution or that the gang members threatened him on account of a protected ground. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (a threat, standing alone, can be past persecution only if it is “so menacing as to cause significant actual suffering or harm.”) (internal quotations omitted); Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir.2010). Substantial evidence also supports the BIA’s finding that Ixpata-Bolvito failed to…