Carlos Pereira-Hernandez v. Eric Holder, Jr.

MEMORANDUM

In these consolidated petitions for review, Carlos Pereira-Hernandez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying Pereira-Hernandez’s applications for asylum and withholding of removal (No. 10-72881), and of the BIA’s subsequent order denying Pereira-Hernandez’s motion to reopen (No. 11-72916). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1055-56 (9th Cir.2006), and review for abuse of discretion the BIA’s denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petitions for review.

Substantial evidence supports the agency’s finding that the anonymous threats Pereira-Hernandez received in Guatemala did not amount to past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (“Threats standing alone ... 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…