Postoenko

Postoenko v. Holder

Good Law
367 F. App'x 832
United States Court of Appeals for the Ninth CircuitFebruary 25, 201006-73030California235 words

Opinion

Opinion

MEMORANDUM

Jose Jaime Escalante, a native and citizen of El Salvador, petitions pro se 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, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

Even if Escalante testified credibly, substantial evidence supports the agency’s denial of Escalante’s asylum claim because the threats made against him did not rise to the level of persecution, see Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000), and he failed to demonstrate that his fear of returning to El Salvador is objectively reasonable, see Nagoulko, 333 F.3d at 1018 .

Because Escalante failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Mansour v. Ashcroft, 390 F.3d 667, 673 (9th Cir.2004).

Substantial evidence also supports the agency’s denial of CAT relief because Es-calante failed to establish it is more…

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