Morales

Morales v. Immigration & Naturalization Service

Good Law
90 F. App'x 222
United States Court of Appeals for the Ninth CircuitFebruary 18, 2004No. 02-72120; Agency No. A74-422-045California442 words

Opinion

Lead Opinion

MEMORANDUM **

Dilma Leticia Salguero Morales, a native and citizen of Guatemala, petitions for review of the decision by the Board of Immigration Appeals summarily affirming denial of her 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. *223 INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). This court can reverse the IJ’s factual findings only if “a reasonable factfinder would be compelled to find the petitioner eligible for the relief sought.” Gomez-Saballos v. INS, 79 F.3d 912 , 914 (9th Cir.1996).

Morales’s appeal turns on whether her fears of going back to Guatemala are well-founded. Her testimony that the government or guerillas may become aware of her presence in the country and possibly kidnap or kill her is speculative and unsupported by “credible, direct, and specific evidence of facts supporting a reasonable fear of persecution on the relevant ground.” Prasad v. INS, 47 F.3d…

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