Gabino MacArio-ventura v. Eric Holder, Jr.

MEMORANDUM

Gabino Macario-Ventura, 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 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 factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the agency’s finding that anonymous written threats to the family received by Macario-Ventura’s father on two or three occasions do not rise to the level of past persecution. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153 (9th Cir.2005) (telephone and written threats, without any personal confrontation, did not rise to the level of persecution in light of all surrounding events). Substantial evidence also supports the agency’s finding that Macario-Ventura did not establish a well-founded fear of future persecution, especially given that Macario-Ventura remained in Guatemala for at least one year after the last threat was received, see…