Diaz-Morataya

Diaz-Morataya v. Holder

Good Law
398 F. App'x 214
United States Court of Appeals for the Ninth CircuitSeptember 30, 2010No. 07-74314California332 words

Opinion

Lead Opinion

*215 MEMORANDUM **

Luis Ernesto Diaz-Morataya, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009), and we review de novo due process claims, Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s determination that Diaz-Morataya failed to establish past persecution, because the isolated threat and harassment he suffered did not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000); see also Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003) (teasing, discrimination and harassment do not amount to past persecution). Substantial evidence also supports the agency’s determination that Diaz-Morataya failed to establish a well founded fear of future persecution, because he did…

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