Yantas-Chuco
Yantas-Chuco v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Eugenio Yantas-Chuco, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s denial of his applications for asy *908 lum and for withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). We review the immigration judge’s factual findings for substantial evidence. Ochoa v. Gonzales, 406 F.3d 1166, 1169 (9th Cir.2005). 1 We deny the petition for review.
Substantial evidence supports the immigration judge’s determination that Yantas-Chuco was not previously persecuted by the Shining Path. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Yantas-Chuco’s two encounters with the Shining Path do not rise to the level of persecution. See Li v. Ashcroft, 356 F.3d 1153, 1158 (9th Cir.2004) (en banc); see also Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005) (noting that most threats do not rise to the level or persecution, and holding that finding of past persecution was not compelled by harassment, property damage, telephonic death threat, and other threats); Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003)…