Opinion
No. 11-72307
10-21-2015
SANTOS REYES LOPEZ DE LEON, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A070-944-466 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.
Santos Reyes Lopez de Leon, 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 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 determination that Lopez de Leon's experiences with guerrillas, even cumulatively, did not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003). We reject Lopez de Leon's contention that the BIA engaged in impermissible fact-finding. Because Lopez de Leon did not establish past persecution, he is not entitled to a presumption of future fear of persecution. See 8 C.F.R. §§ 1208.13(b)(1), 1208.16(b)(1)(i). Thus, Lopez de Leon's asylum and withholding of removal claims fail.
PETITION FOR REVIEW DENIED.