Pedro Castro-Bonilla v. Eric Holder, Jr.

MEMORANDUM

Pedro Castro-Bonilla, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), we deny the petition for review.

Castro-Bonilla claims he was persecuted due to an incident in which Sandinistas chased him and attacked his cousin. Substantial evidence supports the agency’s conclusion that Castro-Bonilla did not suffer past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1017 (9th Cir.2003) (“[T]hat Nagoulko witnessed the beating of some of her co-workers does not compel a factfinder to conclude that Nagoulko suffered from past persecution.”). We reject Castro-Bonilla’s contention that the agency erred by requiring that he have suffered physical harm because this is belied by the record. Having failed to establish past persecution, Castro-Bonilla is not entitled to a presumption of future persecution. See 8 C.F.R. §…