Diaz-Oliva

MEMORANDUM **

Danilo Henry Diaz-Oliva, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny the petition for review.

Diaz-Oliva testified that in 1992, he escaped from a guerilla training camp he had voluntarily visited and guerillas threatened him with death and started looking for him. Diaz-Oliva testified that he was never physically harmed by anyone in Guatemala, although guerillas forcibly entered his mother’s home, and later shot at it. Neither his testimony, nor any other evidence in the record, compels the conclusion that the harm suffered by Diaz-Oliva rises to the level of past persecution. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005) (two serious threats coupled with harassment and property damage did not constitute persecution); Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (no persecution where petitioner was…