Recinos

Recinos v. Ashcroft

Good Law
96 F. App'x 473
United States Court of Appeals for the Ninth CircuitApril 23, 2004No. 02-72053; Agency Nos. A28-567-777, A75-530-147, A75-530-146, A75-530-148, A75-530-149California353 words

Opinion

Lead Opinion

MEMORANDUM **

*474 Victor Manuel Quinonez Recinos (“Recinos”), his spouse Maria and their three children, all natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, an immigration judge’s (“IJ”) denial of their application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

We conclude that substantial evidence supports the IJ’s determination that, even if the threats against Recinos rose to the level of persecution, those threats were motivated by business and monetary considerations, and not by a political opinion held by or attributed to Recinos. See Reyes-Guerrero v. INS, 192 F.3d 1241, 1245 (9th Cir.1999) (stating that to warrant asylum “the applicant must establish a ‘causal connection’ between the persecution and the political opinion”). By failing to qualify for asylum, petitioners necessarily fail to satisfy the more stringent standard for withholding of removal. See Alvarez Santos v. INS, 332 F.3d 1245, 1255 (9th Cir.2003).

Petitioners’ contention that the BIA’s streamlining regulations violate their right to due process is…

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