Juan Albanez v. Eric Holder, Jr.

MEMORANDUM

Juan Antonio Albanez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual determinations, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s conclusion that Albanez failed to establish past persecution or a well-founded fear of future persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (“[tjhreats ... constitute past persecution in only a small category of cases, and only when the threats are so menacing as to cause significant actual suffering or harm.”) (internal quotation marks omitted); Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003) (possibility of future persecution too speculative). Absent a showing of past persecution, Albanez is not eligible for humanitarian asylum. See 8 C.F.R. § 1208.13 (b)(1)(iii).…