Gustavo Perez Hernandez v. Eric Holder, Jr.

MEMORANDUM

Gustavo Perez Hernandez and Francisca Jeronima Baltazar, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from the immigration judge’s decision denying their 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 factual findings. Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s finding that the threats and beatings Perez experienced at the hands of guerilla and government soldiers did not rise to the level of persecution. See Canales-Vargas v. Gonzales, 441 F.3d 739, 744 (9th Cir.2006) (threats petitioner received, absent evidence they would be fulfilled, did not compel a finding of persecution); see also Prasad v. INS, 47 F.3d 336, 339 (9th Cir.1995) (a single instance of abusive detention by a group of military and civilian attackers did not constitute persecution). Substantial evidence also supports the agency’s finding that Perez failed to demonstrate a well-founded fear…