SANTOS LOPEZ DE LEON V. LORETTA E. LYNCH, No. 11-72307 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 21 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT SANTOS REYES LOPEZ DE LEON, Petitioner, No. 11-72307 Agency No. A070-944-466 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 14, 2015** Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 factfinding. 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. 2 11-72307

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