Argueta-Reyes

MEMORANDUM **

Jose Roberto Argueta-Reyes, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

The record does not compel the conclusion that Argueta-Reyes established past persecution or a well-founded fear of future persecution and thus, eligibility for asylum. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003) (unfulfilled threats “constitute harassment rather than persecution”); see also Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 999 (9th Cir.2003) (noting that an applicant’s relocation without incident is highly relevant in determining whether an applicant qualifies for asylum). An applicant who does not satisfy the lower standard of proof for asylum also fails to satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

The BIA did not err in holding that Argueta-Reyes did not establish that it is more likely than not that he will be tortured…