Opinion
No. 11-72369
03-24-2016
SANTANA DE JESUS MEJIA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A200-006-404 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Santana de Jesus Mejia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny the petition for review.
Substantial evidence supports the agency's determination that Mejia did not demonstrate he suffered past persecution in Guatemala. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir. 2003) (record did not compel the finding that petitioner suffered past persecution, particularly where petitioner did not suffer any significant physical harm); 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 harm.") (internal quotation and citation omitted). Substantial evidence also supports the agency's determination that Mejia failed to demonstrate it is more likely than not he would be harmed if returned to Guatemala. See Nagoulko, 333 F.3d at 1018 (possibility of future persecution "too speculative"). Thus, Mejia's withholding of removal claim fails.
PETITION FOR REVIEW DENIED.