Isaac Zacarias v. Eric H. Holder Jr.

MEMORANDUM

Isaac Amos Zacarías petitions for review of the immigration judge’s rejection, affirmed by the Board of Immigration Appeals, of his application for asylum, with holding of removal, and relief from removal under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a)(1), and deny Zacarías’ petition for review.

1. While there is some record evidence to support Zacarías’ claim that he is eligible for asylum, nothing in the record compels the conclusion that he was persecuted on account of a protected ground, because it is not clear that those who mistreated him actually imputed to him a political opinion or persecuted him on account of any opinion, imputed or otherwise. See Sangha v. INS, 103 F.3d 1482 (9th Cir.1997) (discussing and applying INS v. Elias-Zacarias, 502 U.S. 478 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992)).

2. Given that he fails to demonstrate eligibility for asylum, Zacarías necessarily also fails to satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

3. Nor does the record compel the finding that it is more likely than not that Zacarías will be tortured…