Gonzalez-Hernandez

Gonzalez-Hernandez v. Holder

Good Law
464 F. App'x 558
United States Court of Appeals for the Ninth CircuitDecember 22, 201107-74980California536 words

Opinion

Opinion

MEMORANDUM

Elsa Yanira Gonzalez-Hernandez petitions for review of the decision of the Board of Immigration Appeals (BIA) denying her application for asylum and withholding of removal. The BIA held that Petitioner did not establish that she was persecuted on account of a protected ground. Petitioner argues that the BIA erred by overlooking evidence that she was persecuted on account of her religion. Because the BIA’s decision is supported by substantial evidence in the record, we deny Petitioner’s application for review.

We have jurisdiction over this case under 8 U.S.C. § 1252 . The facts of the case are known to the parties. We repeat them only as necessary.

I

When the BIA has conducted an independent review of the Immigration Judge’s (IJ) opinion, this court reviews the BIA’s decision. Sinotes-Cruz v. Gonzales, 468 F.3d 1190, 1194 (9th Cir.2006). When the BIA has adopted portions of the IJ’s opinion as its own, this court “treat[s] the IJ’s statements of reasons as the BIA’s and review[s] the IJ’s decision.” Id. .

The BIA’s determination that an alien has not established eligibility for asylum or withholding of removal is reviewed under the substantial evidence standard.…

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