Martinez-Alvarado

Martinez-Alvarado v. Ashcroft

Good Law
63 F. App'x 996
United States Court of Appeals for the Ninth CircuitMay 23, 2003No. 02-70506; INS No. A70-777-948California785 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Norberto Martinez-Alvarado, a native and citizen of El Salvador, applied for asylum and withholding of removal, claiming to fear persecution if returned to El Salvador. The immigration judge denied Martinez’s applications and the Board of Immigration Appeals affirmed. We deny Martinez’s petition for review.

As the parties are familiar with the facts, we recite them only as necessary. We review the BIA’s denial of asylum for abuse of discretion. Aruta v. INS, 80 F.3d 1389, 1393 (9th Cir.1996). Factual findings underlying the denials of asylum and withholding of removal are reviewed for substantial evidence. Id.

Martinez may be eligible for a discretionary grant of asylum if he either suffered past persecution or had a well-founded fear of future persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101 (a)(42)(A); see also Aruta, 80 F.3d at 1393-94 . To demonstrate a well-founded fear of future persecution, Martinez must show that (1) subjectively, he had “a genuine fear of persecution,” and (2) objectively, there was “credible, direct, and specific evidence of facts supporting a…

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