Lozano

Lozano v. Ashcroft

Good Law
94 F. App'x 643
United States Court of Appeals for the Ninth CircuitApril 15, 2004No. 02-72998California266 words

Opinion

Lead Opinion

MEMORANDUM **

Diana Patricia Rodriguez Lozano, a native and citizen of Colombia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) denial of *644 her application for asylum and withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000), and we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Rodriguez Lozano’s encounter with guerillas, her fears of kidnaping, and the robbery and shooting of her father were not on account of political opinion, affirmative or imputed, or membership in a particular social group. See Pedro-Mateo, 224 F.3d at 1150-51 ; Sangha v. INS, 103 F.3d 1482, 1487-91 (9th Cir.1997).

Because Rodriguez Lozano failed to establish eligibility for asylum, she necessarily failed to satisfy the more stringent standard for withholding of removal. See Pedro-Mateo, 224 F.3d at 1150 .

The IJ properly denied relief under the CAT because Rodriguez Lozano failed to demonstrate that it is more likely than…

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.