Monzon-Ortega

MEMORANDUM **

Substantial evidence supports the Immigration Judge’s determination that Monzon-Ortega and her son, Mejia-Monzon, did not establish past persecution. Although Monzon-Ortega suffered some economic detriment because of the guerillas’ extortion scheme, “mere economic disadvantage alone does not rise to the level of persecution.” Gormley v. Ashcroft, 364 F.3d 1172, 1178 (9th Cir.2004); see also Baballah v. Ashcroft, 367 F.3d 1067, 1075-76 (9th Cir.2004); Kovac v. INS, 407 F.2d 102, 107 (9th Cir.1969). Monzon-Ortega was not physically harmed and was able, despite the guerillas, to earn a living.

Likewise, substantial evidence supports the IJ’s finding that Mejia-Monzon did not establish past persecution. Threats alone, to be a basis for asylum, must be “so menacing as to cause significant actual ‘suffering or harm.’ ” Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000). Guerrillas attempted to recruit MejiaMonzon two times and during one of those efforts, some guerillas called him “cowardly” and threatened to kidnap him at some point in the future. These threats were not menacing enough to establish past persecution.

Because neither Monzon-Ortega nor Mejia-Monzon established…