Francisco Marcos-Francisco v. Eric Holder, Jr.

Francisco Marcos-Francisco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s decision denying his application for asylum, withholding of removal, and relief 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 in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s finding that Marcos-Francisco has not established past persecution because the two threats he received from guerrillas do not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (“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.”) (internal quotations omitted). Substantial evidence also supports the BIA’s finding that Marcos-Francisco failed to establish a well-founded fear of persecution. See Nagoulko…