Badereddine Mohamad Zibara v. Eric H. Holder Jr.

MEMORANDUM

Jose Lino Pena-Chavez, a native and citizen of Nicaragua, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011), and we deny the petition for review.

Substantial evidence supports the BIA’s determination that Pena-Chavez failed to demonstrate his experiences in Nicaragua rose to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (death threats did not compel finding of past persecution). Absent a showing of past persecution, Pena-Chavez does not have a rebuttable presumption of future persecution. See 8 C.F.R. § 208.13 (b)(1). Substantial evidence also supports the BIA’s finding that Pena-Chavez failed to demonstrate a well-founded fear of future persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (possibility of future persecution too speculative). Consequently, his…