Gonzales-Zepeda

Gonzales-Zepeda v. Ashcroft

Good Law
71 F. App'x 706
United States Court of Appeals for the Ninth CircuitJuly 30, 2003No. 02-72645California324 words

Opinion

Lead Opinion

MEMORANDUM **

Rafael Gonzales-Zepeda, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review findings of fact for substantial evidence and will uphold the decision unless the evidence compels a contrary result. INS v. Elias-Zacarias, 502 U.S. 478, 480-81 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

The IJ erred in finding Gonzales-Zepeda not credible solely because of his failure to provide corroborative evidence. See Salaam v. INS, 229 F.3d 1234, 1239 (9th Cir.2000). However, substantial evidence supports the BIA’s finding that GonzalesZepeda did not suffer past persecution, or possess a well-founded fear of future persecution, on account of his membership in any statutorily protected group. See 8 U.S.C. § 1101 (a)(42)(A).

The record does not compel the conclusion that Gonzales-Zepeda faces persecution due to imputed political opinion, notwithstanding his father’s position in the military, absent evidence that his father held…

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