Rodriguez-Luz

Rodriguez-Luz v. Holder

Good Law
367 F. App'x 820
United States Court of Appeals for the Ninth CircuitFebruary 25, 201007-73208California254 words

Opinion

Opinion

MEMORANDUM

Edilson Rodriguez-Luz Jr., a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), and we deny the petition for review.

Substantial evidence supports the agency’s finding that Rodriguez-Luz failed to establish he was persecuted on account of a protected ground, see Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir.2001) (personal retribution is not persecution on account of a protected ground), and the agency’s finding Rodriguez-Luz failed to show he was or would be persecuted by the Brazilian government or by persons the government was unwilling or unable to control, see Castro-Perez v. Gonzales, 409 F.3d 1069, 1071-72 (9th Cir.2005). Accordingly, Rodriguez-Luz’s asylum claim fails. See id. at 1072 .

Because Rodriguez-Luz failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard…

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