Marco Martinez-Seren v. Eric Holder, Jr.

Good Law
607 F. App'x 643
United States Court of Appeals for the Ninth CircuitApril 14, 201512-71816California627 words

Opinion

Opinion

MEMORANDUM

Petitioner Marco Martinez-Seren (“Martinez-Seren”) a native of Honduras petitions for review the Board of Immigration of Appeals’ (“BIA”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

“The BIA’s determination of purely legal questions is reviewed de novo.” Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009) (internal quotation marks omitted). The BIA’s findings of fact are reviewed for substantial evidence and “are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); see also Jie Cui v. Holder, 712 F.3d 1332, 1336 (9th Cir.2013). To reverse the BIA’s decision, the petitioner must show that “ ‘the evidence not only supports that conclusion, but compels it.’ ” Molina-Estrada v. I.N.S., 293 F.3d 1089, 1093 (9th Cir.2002) (quoting Sangha v. I.N.S., 103 F.3d 1482, 1487 (9th Cir.1997)) (italics omitted).

1. The BIA was not compelled to find that Martinez-Seren’s familial membership was a central reason for his persecution. “[T]he applicant must establish that race, religion, nationality, membership in a particular…

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