Pablo Chacon-Martinez v. Eric Holder, Jr.

Good Law
583 F. App'x 835
United States Court of Appeals for the Ninth CircuitJuly 28, 201410-73664California272 words

Opinion

Opinion

MEMORANDUM

Pablo Antonio Chacon-Martinez, 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 asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review'for substantial evidence factual findings, INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we review de novo due process claims, Liu v. Holder, 640 F.3d 918, 930 (9th Cir.2011). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Chacon-Martinez did not establish past persecution or a well-founded future fear of persecution on account of a protected ground. See Elias-Zacarias, 502 U.S. at 483 , 112 S.Ct. 812 (petitioner must provide some evidence of the persecutor’s motivation). Thus, Chacon-Mar-tinez’s asylum and withholding of removal claims fail. See Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir.2001).

Substantial evidence also supports the BIA’s denial of CAT relief because Chacon-Martinez failed to establish that…

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