Martinez-Mendez

Martinez-Mendez v. Ashcroft

Good Law
90 F. App'x 975
United States Court of Appeals for the Ninth CircuitFebruary 20, 2004No. 02-72838; Agency No. A72-520-804California396 words

Opinion

Lead Opinion

MEMORANDUM *

Angelica Martinez-Mendez, a native and citizen of Guatemala, petitions for review of the summary affirmance by the Board of Immigration Appeals of the 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. 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).

Martinez-Mendez argues that the IJ erred by requiring her to present corroborative evidence of her father’s past military service. Although the IJ’s oral decision mentions that corroboration was available from Martinez-Mendez’s father that would have explained the connection between his being in the military and what *976 happened to his family in Guatemala, the IJ’s determination did not turn on the…

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