Sierra Mejia v. Holder

Juan Camilo Sierra Mejia, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the agency’s conclusion that Sierra Mejia’s brother’s death and the threats against his uncle do not constitute persecution. See Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991) (requiring that any pattern of persecution against family members be “closely tied to the petitioner”). Further, substantial evidence supports the agency’s conclusion that Sierra Mejia failed to establish young men who formerly served in the military constitute a particular social group. See id. Finally, because Sierra Mejia failed to exhaust…