Monterroso

Monterroso v. Ashcroft

Good Law
89 F. App'x 91
United States Court of Appeals for the Ninth CircuitFebruary 25, 2004No. 02-71801; Agency Nos. A72-685-123, A71-581-623California406 words

Opinion

Lead Opinion

MEMORANDUM **

Luis de Leon Monterroso and his wife Rocío del Carmen Vega, natives and citizens of Guatemala and Mexico respectively, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000) (“[T]he IJ’s determination that an alien is not eligible for asylum must be upheld if supported by reasonable, substantial, and probative evidence in the record.”).

Petitioners’ contention that the agency violated due process by delaying processing of their asylum application, thereby preventing them from applying for suspension of deportation, is foreclosed by Lopez-Urenda v. Ashcroft, 345 F.3d 788, 793-94, 796 (9th Cir.2003).

We also conclude that substantial evidence supports the IJ’s determination that de Leon did not establish eligibility for asylum based on past persecution, because he was not targeted by the guerrillas on account of a protected ground. De Leon himself testified that the guerrillas recruited “everyone around the town” and that they…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.