Marquez Soto v. Holder

MEMORANDUM **

Alvaro Marquez Soto, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process claims, Colmenar v. INS, *562 210 F.3d 967, 971 (9th Cir.2000), and we review for substantial evidence factual findings, 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 for review.

Substantial evidence supports the BIA’s finding that Marquez Soto failed to establish the threat he received, and other unrelated incidents he described, rose to the level of persecution, see Nahrvani v. Gonzales, 399 F.3d 1148, 1153 (9th Cir.2005), or that the threat was on account of a protected ground, see Molina-Morales v. INS, 237 F.3d 1048, 1050-51 (9th Cir.2001). Substantial evidence also supports the BIA’s finding that Marquez Soto failed to establish that it is more likely than not he will be persecuted if he returns to Mexico. See Hoxha v.…