Milton Guerra-Morales v. Loretta E. Lynch

Good Law
606 F. App'x 401
United States Court of Appeals for the Ninth CircuitJune 30, 201511-72885California233 words

Opinion

Opinion

MEMORANDUM

Milton Antonio Guerra-Morales, 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 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, Rahimzadeh v. Holder, 613 F.3d 916, 920 (9th Cir.2010), and we deny the petition for review.

The record does not compel the conclusion that Guerra-Morales established the government of El Salvador was or would be unable or unwilling to protect him. See id. (an applicant for asylum and withholding of removal bears the burden of establishing that the government would be unwilling or unable to control private actors); see also Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005). (record does not compel a contrary conclusion where police investigated reports of mistreatment but were unable to solve crimes). Thus, we deny the petition as to Guerra-Morales’s asylum and withholding of removal claims.

Guerra-Morales does not challenge the BIA’s…

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