U.S. Court of Appeals for the Ninth Circuit, 2010

Gutierrez v. Holder

Gutierrez v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided July 19, 2010 · Alarcón, Leavy, Graber
388 F. App'x 629

Gutierrez v. Holder

Opinion

MEMORANDUM **

Noel Antonio Gutierrez, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 de novo the agency’s legal determinations and we review for substantial evidence factual findings. Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008). We deny the petition.

Gutierrez contends that he established a clear probability of future persecution based solely on having suffered past persecution. Substantial evidence supports the BIA’s determination that Gutierrez failed to establish that the harm he suffered rose to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003) (harassment and one beating unconnected with any ¡particular threat did not compel finding of past persecution); see also Prasad v. INS, 47 F.3d 336, 340 (9th Cir. 1995) (“Although a reasonable factfinder could have found this incident sufficient to establish past persecution, we do not believe that a factfinder would be compelled to do so.”). Further, the record does not compel the conclusion that Gutierrez has a clear probability of future harm. See Hoxha, 319 F.3d at 1184-85. Because Gutierrrez does not otherwise challenge the agency’s finding, his withholding of removal claim fails. See Lim v. INS, 224 F.3d 929, 938 (9th Cir. 2000).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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