Javier Gonzales-Gonzales v. Eric Holder, Jr.

MEMORANDUM

Javier Gonzales-Gonzales, a native and citizen of Peru, petitions 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 protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and review de novo its legal conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the agency’s finding that the threats Gonzales-Gonzales and his mother received do not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (citation and internal quotations omitted) (“Threats standing alone ... constitute past persecution in only a small category of cases, and only when the threats are so menacing as to cause significant actual suffering or harm.”). Substantial evidence also supports the agency’s conclusion that Gonzales-Gonzales failed to establish a well-founded fear of persecution based on these threats. See Mendez-Gutierrez v.…