Juarez-Guerra

Juarez-Guerra v. Ashcroft

Good Law
60 F. App'x 115
United States Court of Appeals for the Ninth CircuitMarch 6, 2003No. 02-70658; INS No. A70-927-215California744 words

Opinion

Lead Opinion

MEMORANDUM **

Felicita Juarez-Guerra petitions for review of the Board of Immigration Appeals’ (“BIA”) final decision dismissing her appeal from the denial of her application for asylum and withholding of removal under the Immigration and Nationality Act (“INA”) and withholding of removal under the Convention Against Torture (“the Convention”). In her petition, Juarez-Guerra argues that the BIA erred in dismissing her appeal. She also argues that the Immigration Judge (“IJ”) did not allow her to present a full defense because he excluded her testimony regarding her son’s presumed murder. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

I. Dismissal of Juarez-Guerra’s Appeal

We review the BIA’s ruling that an applicant has not proven eligibility for asylum and its decision that an applicant is not entitled to withholding of removal under the substantial evidence standard. See Cardenas v. INS, 294 F.3d 1062, 1065 (9th Cir.2002); Molino-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). Therefore, the BIA’s decision must be affirmed if it is supported by reasonable, substantial, and probative evidence in the record. See INS v.…

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