Gramajo-Diaz

Gramajo-Diaz v. Immigration & Naturalization Service

Good Law
57 F. App'x 770
United States Court of Appeals for the Ninth CircuitMarch 14, 2003No. 02-70414; INS No. A75-190-032California290 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Udiel Gramajo-Diaz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). Because the transitional rules apply, we have jurisdiction pursuant to 8 U. S.C. § 1105a(a). See Ruano v. Ashcroft, 301 F.3d 1155, 1159 (9th Cir.2002). We deny the petition.

The BIA summarily adopted the IJ’s findings on appeal, therefore we review the IJ’s decision. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We review findings of fact for substantial evidence and will uphold the IJ’s decision unless the evidence compels a contrary result. Chan-chavac v. INS, 207 F.3d 584, 589 (9th Cir.2000).

The unfulfilled threats against Petitioner were not sufficiently egregious to constitute past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000). Substantial evidence supports the IJ’s conclusion that Gramajo-Diaz was not persecuted or threatened on the basis of real or imputed political opinion. See Pedro-Mateo v. INS, 224 F.3d 1147, 1151 (9th Cir.2000)…

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