MEJIA BERMUDEZ v. BARR (2019)

MEMORANDUM **

Manuel De Jesus Mejia-Bermudez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review the denial of withholding of removal for substantial evidence, and we review questions of law de novo. Guo v. Sessions, 897 F.3d 1208, 1212 (9th Cir. 2018). We deny the petition for review.

We reject Mejia-Bermudez’s contention that the BIA applied an incorrect legal standard in considering whether the record as a whole, including evidence of gang threats and extortion, established past persecution. See Duran-Rodriguez v. Barr, 918 F.3d 1025, 1028 (9th Cir. 2019) (relying on all of the surrounding events to decide whether there was persecution). Substantial evidence supports the agency’s conclusion that the past harm Mejia-Bermudez suffered in El Salvador did not rise to the level of persecution. See id. (threats rise to the level of persecution only when they are so menacing as to cause significant actual suffering or harm); He v. Holder, 749 F.3d 792, 796 (9th Cir. 2014) (persecution may be established by a substantial economic disadvantage that interferes with the applicant’s livelihood). Substantial evidence also supports the BIA’s finding that Mejia-Bermudez failed to establish a clear probability of future persecution. See Tamang v. Holder, 598 F.3d 1083, 1094-95 (9th Cir. 2010) (fear of future persecution was not objectively reasonable). Thus, Mejia-Bermudez’s withholding of removal claim fails.

The BIA did not err in denying Mejia-Bermudez’s motion to terminate proceedings. See Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th Cir. 2019) (initial notice to appear need not include time and date information to vest jurisdiction in the immigration court).

PETITION FOR REVIEW DENIED.