Luis Barrios Mendoza v. Eric H. Holder Jr.

Good Law
446 F. App'x 876
United States Court of Appeals for the Ninth CircuitAugust 10, 201108-74394California454 words

Opinion

Opinion

MEMORANDUM

Luis Emiro Barrios Mendoza and his wife, natives and citizens of Colombia, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), and denying their motion to remand. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand, review de novo questions of law, and review for substantial evidence factual findings. Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1061-62 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the agency’s determination that petitioners failed to establish that guerrillas have harmed or will harm Barrios Mendoza on account of an imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (“[t]o reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it”) (emphasis in original); Sangha v. INS, 103 F.3d 1482, 1488-91 (9th Cir.1997). Accordingly, we deny the petition…

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