Izquierdo

MEMORANDUM

Julio Antonio Izquierdo, a native and citizen of Peru, petitions for review of the agency’s denial of his applications for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and adjustment of status, and the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen and reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, we review for abuse of discretion the denial of motions to reopen and reconsider, and we review de novo questions of law including claims of due process violations. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s denial of asylum because Izquierdo’s fear of returning to Peru was not objectively reasonable, given the lack of record evidence that the Shining Path would target him upon his return. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003).

Because Izquierdo failed to establish eligibility for asylum, he necessarily failed to meet the higher standard of eligibility for withholding of removal. See…