Martinez
Martinez v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Berta Elizabeth Martinez, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming without opinion her appeal from an Immigration Judge’s denial of her applications for asylum, withholding of removal, and voluntary departure. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1). We deny in part, and dismiss in part, the petition for review.
The denial of Martinez’s asylum claim is supported by substantial evidence. Martinez’s eight-hour detention by the Guatemalan military, and their threat that they would kill her if she did not stop organizing and demonstrating against them, does not constitute persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003).
Martinez’s contention that she should be granted asylum for humanitarian reasons pursuant to Matter of Chen, 20 I & N Dec.16 (BIA 1989), fails because she cannot show that she has suffered “atrocious” forms of persecution. See Gonzalez v. INS, 82 F.3d 903, 910 (9th Cir.1996).
The fact that Martinez relocated to another city and experienced no problems there, as well as the dramatic changes in country conditions in…