Joel Fabian-Lopez v. Eric Holder, Jr.

Good Law
540 F. App'x 760
United States Court of Appeals for the Ninth CircuitOctober 2, 201311-71513California463 words

Opinion

Opinion

MEMORANDUM

Joel Fabian-Lopez, a native and citizen of Guatemala, petitions for review of a decision from the Board of Immigration Appeals (“BIA”) in which the BIA dis missed his appeal from the immigration judge’s (“IJ”) denial of relief in the form of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).

Where the BIA conducts its own review of the evidence and law rather than adopting the IJ’s decision, this court’s review is limited to the BIA’s decision, except to the extent that it expressly adopts the IJ’s opinion. Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006). This court reviews legal questions de novo and reviews factual findings for substantial evidence. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). A denial of asylum, withholding of removal, or CAT relief is reviewed for substantial evidence. Sinha v. Holder, 564 F.3d 1015, 1020, 1025 (9th Cir.2009). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny Fabian-Lopez’s petition for review.

Substantial evidence supports the agency’s denial of asylum and withholding of removal because the record does not compel the conclusion that Fabian-Lopez met his…

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