Castro-Valdez

Castro-Valdez v. Immigration & Naturalization Service

Good Law
55 F. App'x 847
United States Court of Appeals for the Ninth CircuitFebruary 11, 2003No. 02-70156; INS No. A71 583 587California363 words

Opinion

Lead Opinion

MEMORANDUM

Petitioner Carmen Castro-Valdez petitions for review of the Board of Immigration Appeal’s (BIA) decision to deny her application for asylum and withholding of deportation. The BIA found that petitioner did not meet her burden of proof for eligibility for asylum because she failed to establish past persecution or a well-founded fear of future persecution. The BIA also found that petitioner failed to establish that she was denied due process.

We have reviewed Castro-Valdez’s claim for asylum, withholding of deportation and violation of due process. We are, however, precluded from granting the requested relief.

*848 An applicant is eligible for asylum if she establishes that she is unable or unwilling to return to the country of her nationality “because of persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership, or political opinion.” 8 U.S.C. § 1101 (a)(42)(a). We review the factual findings underlying the BIA’s denial of asylum and withholding of deportation under the substantial evidence standard. Cardenas v. INS, 294 F.3d 1062, 1065 (9th Cir.2002). To reverse the decision of the BIA, a reasonable fact finder…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.