Ermidio Diaz-Calderon v. Eric Holder, Jr.

MEMORANDUM

Ermidio Epifanio Diaz-Calderon, 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 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 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

Even if Diaz-Calderon’s asylum application was not abandoned, and even if he established a nexus to a protected ground, substantial evidence supports the BIA’s finding that Diaz-Calderon’s mistreatment by guerrillas and the military did not rise to the level of persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (minor physical abuse during a single detention did not compel finding of past persecution); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (unfulfilled threats were harassment rather than persecution). Substantial evidence also supports the BIA’s finding that Diaz-Calderon failed to established an objectively reasonable…