Sergio Diaz v. Eric Holder, Jr.

MEMORANDUM

Sergio Antonio Diaz, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision de nying 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, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny in part and dismiss in part the petition for review.

We do not address Diaz’s credibility contentions, because the agency did not make an adverse credibility determination.

Substantial evidence supports the BIA’s findings that the threats Diaz received in Guatemala do not rise to the level of persecution, see Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000), and that Diaz failed to establish he was threatened on account of a protected ground, see INS v. Elias-Zacarias, 502 U.S. 478, 482-83 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Pedro-Mateo v. INS, 224 F.3d 1147, 1150-51 (9th Cir. 2000). Further, we lack jurisdiction to review the IJ’s finding that Diaz failed to…