Yaque-Martinez

Yaque-Martinez v. Ashcroft

Good Law
58 F. App'x 291
United States Court of Appeals for the Ninth CircuitFebruary 19, 2003No. 02-70700; INS No. A73-220-142California356 words

Opinion

Lead Opinion

MEMORANDUM **

Gabriela Yaque-Martinez, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of her requests for asylum, withholding of removal, and relief under the United Nation’s Convention Against Torture (the “Convention”). We have jurisdiction under 8 U.S.C. § 1252 . Where the BIA adopts in part the IJ’s decision, as here, we review both the BIA’s and the IJ’s decisions for substantial evidence. Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We deny the petition for review.

The IJ correctly determined that Yaque-Martinez failed to establish an evidentiary nexus between her estranged father’s kidnaping and her fear of future persecution because she submitted no evidence indicating her father’s political views were imputed to her. See Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991). Similarly, Yaque-Martinez did not show more than a “generalized or random” possibility of persecution because she testified that the Guatemalan guerillas never harmed or threatened to harm her, and that the guerillas did not look for her after she left Guatemala. See Singh v.…

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