Pascual Hernandez Gaspar v. Eric Holder, Jr.

Good Law
591 F. App'x 552
United States Court of Appeals for the Ninth CircuitJanuary 27, 201512-72353California368 words

Opinion

Opinion

MEMORANDUM

Pascual Hernandez Gaspar, a native and citizen of Guatemala, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Hernandez Gaspar contends gang members threatened and harmed him on account of his religion. Substantial evidence supports the BIA’s finding that Hernandez Gaspar failed to establish he suffered past persecution or has a well-founded fear of future persecution upon return to Guatemala on account of a protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (the REAL ID Act “requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”). Accordingly, in the absence of a nexus to a protected ground, Hernandez Gaspar’s asylum and withholding of removal claims fail.

Substantial evidence also…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.