Opinion
No. 13-72702
10-21-2015
NORBERTO JR. TOJINO LEANO, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A098-467-399 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Norberto Jr. Tojino Leano, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.
Substantial evidence supports the BIA's conclusion that Leano's experiences in the Philippines did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003) (unfulfilled threats constituted harassment, not persecution). Substantial evidence also supports the BIA's determination that Leano failed to establish an objectively reasonable fear of future harm in the Philippines. See Gu v. Gonzales, 454 F.3d 1014, 1022 (9th Cir. 2006) (petitioner failed to "present compelling, objective evidence demonstrating a well-founded fear of persecution"). We reject Leano's contention that the BIA applied an incorrect legal standard. Thus, Leano's asylum claim fails.
Because Leano failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Zehatye, 453 F.3d at 1190.
PETITION FOR REVIEW DENIED.