Opinion
No. 09-70850 Agency No. A072-544-152 Agency No. A098-005-176
04-25-2012
MAINOR AMILCAR MARROQUIN; OFELIA MARROQUIN-PINEDA, Petitioners, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Mainor Amilcar Marroquin and Ofelia Marroquin-Pineda, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals' order dismissing their appeal from an immigration judge's decision denying their applications for asylum, withholding of deportation and removal, and relief under the Convention Against Torture ("CAT"). We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence factual findings, Sowe v. Mukasey, 538 F.3d 1281, 1285 (9th Cir. 2008), and deny the petition for review.
The record does not compel the conclusion that the death threats Marroquin experienced, even considered cumulatively, amounted to persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir. 2000) (unfulfilled threats, without more, do not generally constitute persecution). Therefore, petitioners' humanitarian asylum claim fails. See 8 C.F.R. § 1208.13(b)(1)(iii). In addition, substantial evidence supports the agency's finding that, even if Marroquin established past persecution, the record reflects country conditions in Guatemala have changed such that petitioners no longer have a well-founded fear of future persecution by the Guatemalan army or guerrillas. See Sowe, 538 F.3d at 1286-87. Accordingly, petitioners' asylum and withholding of deportation and removal claims fail.
Finally, substantial evidence also supports the agency's denial of CAT relief based on changed country conditions. See id, at 1288-89.
PETITION FOR REVIEW DENIED.