Zuniga

Zuniga v. Ashcroft

Good Law
97 F. App'x 102
United States Court of Appeals for the Ninth CircuitApril 26, 2004No. 02-72233California382 words

Opinion

Lead Opinion

MEMORANDUM ***

Gregoria Lima Zuniga, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“U”) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Meza-Manay v. INS, 139 F.3d 759, 762 (9th Cir.1998), and we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Lima Zuniga failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. See INS v. EliasZacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Lima Zuniga’s reliance on two prior verbal threats by the guerrillas as evidence of past persecution is unavailing. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (holding that threats standing alone generally do not constitute past persecution).

Additionally, the IJ properly relied upon a State Department Country Report to determine that conditions in Guatemala have changed such that Lima Zuniga’s fear of future…

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