Jose Buscay v. Eric H. Holder Jr.

MEMORANDUM

Jose Buscay, a native and citizen of the Philippines, petitions pro se for review of the 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 Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 458 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Substantial evidence supports the agency’s finding that Buscay failed to establish past persecution because his experiences of mistreatment due to his homosexuality and female sexual identity, even considered cumulatively, did not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003) (discrimination, harassment, and being fired from job did not compel finding of past persecution); Gu v. Gonzales, 454 F.3d 1014, 1020 (9th Cir.2006) (single detention and beating that did not require medical treatment did not compel past persecution finding). Further, as Buscay has not established past persecution, he is not entitled to a presumption…