Yon-Garcia

MEMORANDUM **

Cesar Edgar Yon-Garcia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) decision denying his application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1252 . We review questions of law de novo, Almaghzar v. Gonzales, 457 F.3d 915, 920 (9th Cir.2006), and the IJ’s factual determinations for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

The BIA did not err in its determination that the IJ applied the correct legal standard under 8 C.F.R. § 1208.13 (b)(l)(i)(A) to assess whether, in light of the changed country conditions in Guatemala, Yon-Garcia’s subjective fear of future persecution was objectively reasonable. The IJ not only relied on the Department of State’s (“DOS”) 1997 and 2002 Country Reports for Guatemala, but also on the 1997 advisory letter from the DOS to the IJ regarding Yon-Garcia’s individual asylum claim as well as on Yon-Garcia’s own testimony. The IJ did not err in assessing this record evidence to develop her individualized…