Carlos Perez v. Eric Holder, Jr.

Good Law
519 F. App'x 450
United States Court of Appeals for the Ninth CircuitMay 20, 201311-73202California324 words

Opinion

Opinion

MEMORANDUM

Carlos Perez, a native and citizen of Peru, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that Perez failed to establish harm rising to the level of past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003) (no past persecution where petitioner was not harmed). Substantial evidence also supports the agency’s finding that Perez failed to establish a well-founded fear of future persecution in Peru. See Duarte de Guinac v. INS, 179 F.3d 1156, 1159 (9th Cir.1999) (alien must adduce “credible, direct, and specific' evidence in the record of facts that would support a reasonable fear of persecution”). Accordingly, Perez’s asylum claim fails.

Because Petitioner failed to establish eligibility for…

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