Rafael Emilio Marroquin Canales v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAFAEL EMILIO MARROQUIN
CANALES,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72824
Agency No. A095-750-426
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Rafael Emilio Marroquin Canales, a native and citizen of El Salvador,
petitions pro se for review of the Board of Immigration Appeals’ order dismissing
his appeal from an immigration judge’s decision denying his applications for
asylum, withholding of removal, and relief under the Convention Against Torture
FILED
DEC 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review factual
findings for substantial evidence and review questions of law de novo. Wakkary v.
Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.
The record does not compel the conclusion that the brief assault on Canales
and the two death threats he received rise to the level of past persecution or
establish a well-founded fear of future persecution. See Gu v. Gonzales, 454 F.3d
1014, 1017-18, 1021-22 (9th Cir. 2006); see also Nahrvani v. Gonzales, 399 F.3d
1148, 1153-54 (9th Cir. 2005) (discussing circumstances under which menacing
threats constitute persecution, and concluding applicant’s fear of future persecution
was too speculative). Accordingly, Canales’s asylum claim fails.
In light of Canales’s failure to establish eligibility for asylum, his claim for
withholding of removal likewise fails. See Nahrvani, 399 F.3d at 1154.
Finally, Canales’s CAT claim also fails because the record does not compel
the conclusion that it is more likely than not that Canales will be tortured by or
with the acquiescence of the government in El Salvador. See Tamang v. Holder,
598 F.3d 1083, 1095 (9th Cir. 2010).
PETITION FOR REVIEW DENIED.
12-72824 2

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