Lopez-Diaz

MEMORANDUM **

Crecencio Jorge Lopez-Diaz, a native and citizen of Guatemala, petitions 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”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and for substantial evidence factual findings. See Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the agency’s determination that Lopez-Diaz failed to establish he suffered harm rising to the level of persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000) (mail and telephone death threats to petitioner on NPA death list did not compel a finding of past persecution). Because Lopez-Diaz did not establish past persecution, his apparent contentions that he is *226 entitled to a presumption of future persecution and to humanitarian asylum necessarily fail. See Molina-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir.2002); 8 C.F.R. § 1208.13 (b)(l)(iii). Substantial evidence also supports the agency’s…