Trejo-Benjarano

Trejo-Benjarano v. Mukasey

Good Law
365 F. App'x 898
United States Court of Appeals for the Ninth CircuitFebruary 22, 201007-72096California285 words

Opinion

Opinion

MEMORANDUM

Luis Alfredo Trejo-Benjarano, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) 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 factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that the harassment and threats Trejo-Benjarano received at the hands of the gang members in El Salvador who stole soda bottles from his company vehicle in one incident, and followed him home and broke all of his windows in another incident, did not rise to the level of persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). Further, because there is no evidence the gang members were motivated by any protected ground, substantial evidence supports the IJ’s denial of Trejo-Benjarano’s asylum and withholding of removal claims. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d…

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.