JORGE SALAZAR-PRADA V. ERIC HOLDER, JR., No. 11-73490 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 20 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JORGE ANGEL SALAZAR-PRADA, Petitioner, No. 11-73490 Agency No. A098-006-618 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 14, 2014** Before: LEAVY, GOULD, and BERZON, Circuit Judges. Jorge Angel Salazar-Prada, a native and citizen of Peru, 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, withholding of removal, and protection under the Convention Against Torture ( CAT ). We have * 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). 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 the threats Salazar-Prada received in Peru did not rise to the level of past persecution. See 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 marks omitted). Substantial evidence also supports the BIA s finding that Salazar-Prada failed to establish a well-founded fear of future persecution in Peru. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution too speculative). Thus, Salazar-Prada s asylum claim fails. Because Salazar-Prada failed to establish eligibility for asylum, his withholding of removal claim necessarily fails. See Zehatye, 453 F.3d at 1190. Finally, substantial evidence supports the agency s denial of Salazar-Prada s CAT claim because he failed to establish it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Peru. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). The record 2 11-73490 does not support Salazar-Prada s contention that the BIA failed to properly consider his CAT claim. PETITION FOR REVIEW DENIED. 3 11-73490

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