Angel Diego Pena v. Eric Holder, Jr.

MEMORANDUM

Angel Diego Peña, a native and citizen of Guatemala, 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s denial of Diego Peña’s asylum claim because Diego Peña failed to establish the harm he suffered or fears is on account of a protected ground. See id. at 482-84 , 112 S.Ct. 812 ; see also Molino-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir.2001)(personal retribution is not persecution on account of a protected ground). Accordingly, his asylum and withholding of removal claims fail. See Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir.2005).

Further, substantial evidence supports the agency’s denial of CAT relief because Diego Peña failed to establish a likelihood of being tortured in Guatemala.…