FILED
NOT FOR PUBLICATION DEC 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JORGE ALBERTO CARTAGENA and No. 08-71534
OLGA LISSETTE CARTAGENA,
Agency Nos. A073-984-160
Petitioners, A073-900-202
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE and THOMAS, Circuit Judges.
Petitioners Jorge Alberto Cartagena and Olga Lissette Cartagena, husband
and wife and natives and citizens of El Salvador, petition for review of a Board of
Immigration Appeals order dismissing their appeal from an immigration judge’s
(IJ) denial of their application for cancellation of removal, as well as their
application for asylum, withholding of removal and protection under the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Convention Against Torture (CAT). Our jurisdiction is governed by 8 U.S.C.
§ 1252. We deny in part and dismiss in part the petition for review.
Substantial evidence supports the Board’s denial of asylum and withholding
of removal because Mr. Cartagena failed to show he was or will be subject to
conduct rising to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d 1179,
1182 (9th Cir. 2003) (holding that unfulfilled threats and an incident of physical
violence did not establish past persecution). The unfulfilled threats to Mr.
Cartagena by an unknown source or sources do not compel a finding that he will be
subject to future persecution if he returns to El Salvador. See INS v. Elias-
Zacarias, 502 U.S. 478, 481 n.1 (1992) (explaining that court may not reverse
Board’s finding unless evidence compels the conclusion that petitioner has a well-
founded fear of persecution on account of a protected ground).
Substantial evidence also supports the Board’s denial of CAT relief based on
the Board’s finding that petitioners did not establish a likelihood of torture by, at
the instigation of, or with the consent or acquiescence of the El Salvadoran
government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007).
As for the denial of cancellation relief, petitioners contend they were denied
due process when the immigration judge misstated the evidence and speculated
that a U.S. citizen child is entitled to government benefits. Because the record
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indicates the IJ considered all evidence in the aggregate, including Mr. Cartagena’s
testimony regarding the extent of hardship to his son, the IJ’s misstatement as to
how many weekend days and holidays he spent with the son did not affect the
outcome of the case. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). The
contention that the Board failed to properly consider and weigh all evidence of
hardship does not raise a colorable due process claim. Martinez-Rosas v.
Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). Accordingly, we dismiss the appeal
as to the denial of cancellation of removal.
PETITION FOR REVIEW DENIED in part and DISMISSED in part.
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