Mirna Hernandez-Escobar v. Eric Holder, Jr.

MEMORANDUM

Mirna Hernandez-Escobar, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her 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 factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Hernandez-Escobar testified a neighbor, who was a member of an opposing political party, threatened her several times and assaulted her once. Substantial evidence supports the BIA’s finding that Hernandez-Escobar failed to establish the harm she suffered, even considered cumulatively, rose to the level of persecution. See Wakkary v. Holder, 558 F.3d 1049, 1059-60 (9th Cir.2009) (petitioner’s account of being beaten and threatened by a mob did not compel a finding of past persecution). Nor does the evidence compel the conclusion that the “government was unable or unwilling to control” the individual harassing Hernandez-Escobar. Nahrvani v. Gonzales, 399 F.3d 1148,…