Vargas-Flores

Vargas-Flores v. Ashcroft

Good Law
97 F. App'x 103
United States Court of Appeals for the Ninth CircuitApril 26, 2004No. 02-72672California304 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Eduardo Vargas-Flores, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 , and we deny, the petition for review.

Substantial evidence supports the IJ’s conclusion that Vargas-Flores failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 , 112 S.Ct. 812 , 117 L.Ed.2d-38 (1992). Vargas-Flores testified that fellow merchants beat him on three occasions. However, Vargas-Flores failed to demonstrate that he suffered this treatment on account of his actual or imputed political opinion. See id. at 483-84 , 112 S.Ct. 812 ; Sangha v. INS, 103 F.3d 1482, 1490-91 (9th Cir.1997).

Because Vargas-Flores failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See *105 Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000).

Finally, Vargas-Flores’ contention that the BIA’s summary affirmance of…

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