Miguel Hernandez-Rodriguez v. Eric Holder, Jr.

MEMORANDUM

Miguel Antonio Hernandez-Rodriguez, a native and citizen of El Salvador, 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings and we review de novo the agency’s legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Hernandez-Rodriguez and his cousin testified that the cousin’s ex-boyfriend, an El Salvadoran police officer, hit the cousin and threatened her because she married someone else. After the threats, the cousin fled to the United States, accompanied by Hernandez-Rodriguez.

Hernandez-Rodriguez does not contend that he suffered past persecution, but he contends that he will be persecuted on account of his family relationship with his cousin if he returns to El Salvador. Substantial evidence supports the BIA’s denial of asylum and withholding of removal based on the fact that Hernandez-Rodriguez’s…