Saul Lopez-Virula v. Eric Holder, Jr.

MEMORANDUM

Saul Nery Lopez-Virula, a native and citizen of Guatemala, petitions pro se for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). 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 review de novo claims of due process violations, Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

Lopez-Virula fears persecution by the Guatemalan government or military because he witnessed a kidnapping in 1984, and because his father, a former major in the Guatemalan military, was killed in 1991.

We reject Lopez-Virula’s contention that the agency failed to consider all of the evidence in assessing his claims. See Fernandez v. Gonzales, 439 F.3d 592, 603 (9th Cir.2006) (the agency is presumed to have considered the entire record).

Substantial evidence supports the IJ’s determination that the threats…