Contreras

MEMORANDUM **

Carlos Esteban Romero Contreras, a native and citizen of Mexico, petitions for review the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual determinations concerning a petitioner’s eligibility for asylum, and must *692 uphold them unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Romero Contreras contends he was persecuted on account of his sexual orientation because police called him “immoral” and extorted money from him, thieves robbed him, calling him “gay,” and a group of men beat him, calling him a “faggot.”

Contrary to the government’s contention, Romero Contreras did raise the issue of his membership in a particular social group before the BIA.

Nevertheless, substantial evidence supports the BIA’s denial of asylum because the harm suffered by Romero Contreras, although unfortunate, does not does rise to the level of persecution. Cf. Hernandez-Montiel v. INS,…