FILED
NOT FOR PUBLICATION OCT 21 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANTOS REYES LOPEZ DE LEON, No. 11-72307
Petitioner, 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 fact-
finding. 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