Lopez-Mejia

Lopez-Mejia v. Ashcroft

Good Law
22 F. App'x 885
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 00-70754; INS No. A75-320-420California362 words

Opinion

Lead Opinion

MEMORANDUM ***

Maria Margarita Lopez-Mejia, a native and citizen of El Salvador, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) denial of Lopez-Mejia’s application for asylum and withholding of removal under 8 U.S.C. §§ 1158 (a), 1231(b)(3). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We deny the petition for review.

Where, as here, the BIA did not merely adopt the IJ’s decision but conducted an independent review, our review is limited to the BIA’s decision. Garrovillas v. INS, 156 F.Sd 1010, 1013 (9th Cir.1998) (citation omitted). Because the BIA left the IJ’s positive credibility finding undisturbed, we accept Lopez-Mejia’s testimony as true. Khourassany v. INS, 208 F.3d 1096, 1100 (9th Cir.2000). We review the BIA’s factual findings for substantial evidence and its legal conclusions de novo. Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000).

Substantial evidence supports the BIA’s finding that the guerillas’ interest in Lopez-Mejia was not “on account of’ a protected ground but because they thought she had knowledge about her eldest daughter’s father, another guerilla. See Aguilar-Escobar v. INS, 136…

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