Villatoro

MEMORANDUM ***

Mario Antonio Quan Villatoro, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s (“IJ”) denial of asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the agency’s decision for substantial evidence. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003). We review de novo claims of due process violations in removal proceedings. See Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000). We deny the petition for review.

Even if Quan Villatoro could establish past persecution based on his membership *204 in a politieally-active student group that was threatened by the Guatemalan military and had two of its leaders kidnapped and disappeared, substantial evidence supports the agency’s determination that there has been a fundamental change in circumstances such that Quan Villatoro no longer has a well-founded fear of future persecution by the Guatemalan authorities. See Gonzalez-Hernandez, 336 F.3d at 997 ; see also 8 C.F.R. § 208.13 (b)(l)(i)(A).

By failing to qualify for asylum, Quan Villatoro necessarily failed…