FILED
AUG 16 2011
MOLLY C. DWYER, CLERK
NOT FOR PUBLICATION U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JULIO ALBERTO CORDERO-ORTIZ, No. 08-71304
Petitioner, Agency No. A097-336-139
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Julio Alberto Cordero-Ortiz, a native and citizen of El Salvador, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
his appeal from an immigration judge’s decision denying his application for
*
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).
asylum, withholding of removal, and protection under the Convention Against
Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence 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 agency’s determination that Cordero-Ortiz
did not suffer past persecution because the unfulfilled threats from unknown
individuals do not rise to the level of persecution. See Hoxha v. Ashcroft, 319 F.3d
1179, 1182 (9th Cir.2003) (unfulfilled threats and an incident of physical violence
did not establish past persecution). Substantial evidence also supports the agency’s
determination that Cordero-Ortiz failed to establish a well-founded fear of future
persecution. See Khourassany v. INS, 208 F.3d 1096, 1101 (9th Cir. 2000) (the
continued presence of similarly situated, unharmed family members undermines
future fear). Accordingly, his asylum claim fails.
Because Cordero-Ortiz failed to establish eligibility for asylum, he
necessarily cannot meet the more stringent standard for withholding of removal.
See Zehatye, 453 F.3d at 1190.
Finally, substantial evidence supports the agency’s denial of CAT relief
because Cordero-Ortiz failed to establish it is more likely than not he will be
2 08-71304
tortured upon return to El Salvador. See Wakkary v. Holder, 558 F.3d 1049, 1067-
68 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
3 08-71304