Navarrete

Navarrete v. Ashcroft

Good Law
97 F. App'x 97
United States Court of Appeals for the Ninth CircuitApril 26, 2004No. 02-74468; Agency No. A75-528-413California609 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner seeks review of the Board of Immigration Appeals’ (BIA or the Board) summary affirmance without opinion of an immigration judge’s (IJ) denial of his applications for asylum, withholding of removal, protection under the Convention Against Torture, and voluntary departure. We have limited jurisdiction under 8 U.S.C. § 1252 , and we deny the petition. As the parties are familiar with the facts, we recite them only as necessary to explain our decision. Because the BIA affirmed without opinion, we look to the opinion of the IJ as the final agency action. See 8 C.F.R. § 1003.1 (a)(7)(iii); Falcon Carriche v. Ashcroft, 350 F.3d 845, 848 (9th Cir.2003).

1. There was substantial evidence for the IJ’s finding that Muniz-Navarette is ineligible for asylum, withholding of removal, and Convention Against Torture relief. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The official neglect of the Mexican peasantry Muniz-Navarette documented before the IJ did not constitute substantial evidence that he, as a peasant, had a well-founded fear of persecution-“the infliction of suffering or harm upon those who differ (in race, religion…

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