Ricardo Suarez Guzman v. Eric H. Holder Jr.

MEMORANDUM

Ricardo Suarez Guzman, native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s 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). We deny the petition for review.

Guzman does not allege he suffered past persecution, but fears persecution based on a pattern or practice of persecution against individuals with AIDS as well as homosexuals in Mexico. The agency concluded that Guzman failed to establish a well-founded fear of persecution based on the perception that he is homosexual or his HIV/AIDS status. The record does not compel a contrary result. See Castro-Martinez v. Holder, 674 F.3d 1073, 1082-83 (9th Cir.2011) (applicant failed to establish the existence of a pattern or practice of persecution against homosexuals in Mexico or that he had a well-founded fear of persecution as a man with HIV/AIDS in Mexico). Accordingly, Guzman’s asylum claim…