Mazariegos-Diaz

MEMORANDUM **

In these consolidated petitions, Darwin Mazariegos-Diaz, a native and citizen of Guatemala, petitions for review of both the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision denying his application for asylum and withholding of removal (No. 07-73575), and the BIA’s order denying his motion reconsider (No. 08-70330). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), we review for abuse of discretion the denial of motion to reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part and dismiss in part petition No. 07-73575, and we deny the petition No. 08-70330.

Substantial evidence supports the agency’s determination that Mazariegos-Diaz did not establish past persecution on account of a protected ground. See Elias-Zacarias, 502 U.S. at 481-82 , 112 S.Ct. 812 . Substantial evidence also supports the agency’s determination that Mazariegos-Diaz failed to…