Espiritu

Espiritu v. Holder

Good Law
360 F. App'x 869
United States Court of Appeals for the Ninth CircuitDecember 29, 200905-76926California250 words

Opinion

Opinion

MEMORANDUM

Carlos Mendoza Espíritu and his wife, both natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying their application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review factual findings for substantial evidence. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

The IJ denied withholding of removal because he found that the New People’s Army threatened petitioners for either criminal or commercial reasons. Substantial evidence supports the IJ’s denial of relief because the petitioners did not show they were or would be persecuted in the Philippines on account of a protected ground. See id. at 483-84 , 112 S.Ct. 812 . Accordingly, petitioners’ withholding of removal claim fails. See Ochoa v. Gonzales,…

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