Sergio Lopez Mazariegos v. Eric Holder, Jr.

MEMORANDUM

Sergio Roni Lopez Mazariegos, a native and citizen of Guatemala, 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we review de novo due process claims, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We deny the petition for review.

Lopez Mazariegos claims that in the early 1990’s, due to his service in the Civil Defense in Guatemala, he received two notes from guerrillas threatening death or kidnaping. Substantial evidence supports the BIA’s conclusion that Lopez Mazarie-gos failed to establish past persecution or a well-founded fear of future persecution. See INS v. Elias-Zacarias, 502 U.S. 478, 481, n. 1 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (“[t]o reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it”). We reject Lopez…