Jesus Antonio Marcos v. Loretta E. Lynch

Good Law
669 F. App'x 833
United States Court of Appeals for the Ninth CircuitOctober 18, 201612-74000, 13-71437California447 words

Opinion

Opinion

MEMORANDUM

Marcos petitions this court for review of the Board of Immigration Appeals’ (“BIA”) decisions denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture as well as his motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Marcos is not eligible for asylum because he has not proved that he is unable or unwilling to return to his country of origin because of “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, ■ or political opinion.” 8 U.S.C. §§ 1101 (a)(42)(A), 1158(b)(l)(B)(i). Persecution is an “extreme concept” involving “the infliction of suffering or harm upon those who differ (in race, religion or political opinion) in a way regarded as offensive.” Gu v. Gonzales, 454 F.3d 1014, 1019 (9th Cir. 2006) (first quoting Ghaly v. INS, 58 F.3d 1425, 1431 (9th Cir. 1995); and then quoting Singh v. INS, 134 F.3d 962, 967 (9th Cir. 1998)). However, Marcos failed to demonstrate either past persecution or a well-founded fear of future persecution. He did not prove that he was targeted by a gueril-la group…

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