Calderon

*707 MEMORANDUM **

Walter Edilsar Melgar Calderon, a native and citizen of Guatemala, petitions for review of a summary order of the Board of Immigration Appeals (“BIA”) upholding an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal.

We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), we deny the petition for review.

Substantial evidence supports the IJ’s finding that Melgar Calderon’s encounters with guerrillas do not rise to the level of past persecution, id. at 936 . Substantial evidence also supports the IJ’s finding that Melgar Calderon has not established a well-founded fear of future persecution based on three, non-personal, 9-year-old contacts with guerrillas. See Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000).

Because Melgar Calderon failed to establish that he was eligible for asylum, he necessarily failed to establish eligibility for withholding of removal. See Cruz-Navarro v. INS, 232 F.3d 1024, 1031 (9th Cir. 2000).

We lack jurisdiction to consider Melgar Calderon’s contention regarding the Convention Against Torture because he failed to…