Edwin Mazariegos-Monterroso v. Eric Holder, Jr.

MEMORANDUM

Edwin Roberto Mazariegos-Monterroso, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Conven tion Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we review de novo claims of due process violations, Iba rra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir.2006). We deny the petition for review.

Substantial evidence supports the agency’s finding that Mazariegos-Monterroso failed to establish he suffered past persecution on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Because he did not establish past persecution, Mazariegos-Monterroso is not eligible for humanitarian asylum. See 8 C.F.R. § 1208.13 (b)(l)(iii). Further, substantial evidence supports the agency’s finding that Mazariegos-Monterroso failed to establish a well-founded fear of future persecution. See…