Marcos

Marcos v. Ashcroft

Good Law
89 F. App'x 33
United States Court of Appeals for the Ninth CircuitFebruary 18, 2004No. 02-72754; Agency No. A72-688-268California474 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Agustín Velasquez-Mareos, a native and citizen of Guatemala, petitions for *34 review of a decision by the Board of Immigration Appeals (BIA) summarily affirming denial of his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). As this is a streamlined case, we review the decision of the immigration judge (IJ). 8 C.F.R. § 1003.1 (a)(7). We deny the petition.

We review the IJ’s decision to see if there is substantial evidence to support it. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). “To reverse under the substantial evidence standard, the evidence must be so compelling that no reasonable factfinder could fail to find the facts were as the alien alleged.” Singh v. Reno, 113 F.3d 1512, 1514 (9th Cir.1997).

Velasquez-Marcos argues that the IJ failed to apply the appropriate evidentiary standard in evaluating his claims for asylum and withholding of deportation. However, the language upon which he relies merely reflects the IJ’s conclusion that the dispositive issue in Velasquez-Marcos’s case was whether country conditions had changed such that he no longer has a well-founded…

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