Sydney Lopez-Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Sydney Wosbelly Lopez-Gonzalez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications 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 factual findings and review de novo questions of law. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Lopez-Gonzalez failed to establish that the one death threat he suffered rose to the level of past persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000) (unfulfilled threats, without more, generally do not constitute past persecution). Thus, contrary to Lop ez-Gon-zalez’s contention, he is not entitled to a presumption of future fear. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003). Further, substantial evidence supports the BIA’s finding that Lopez-Gonzalez does not have a well-founded fear of persecution because he failed to demonstrate that he could not…