Mazariego

Mazariego v. Ashcroft

Good Law
97 F. App'x 189
United States Court of Appeals for the Ninth CircuitMay 18, 2004No. 02-73778California247 words

Opinion

Lead Opinion

MEMORANDUM **

Erik Manfredo De Leon Mazariego, a native and citizen of Guatemala, petitions pro se for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and reverse only if the evidence compels a contrary result, INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

The IJ properly concluded that Mazariego failed to establish past persecution because he testified that he was only threatened by Guatemalan guerillas. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000).

Substantial evidence supports the IJ’s individualized determination that changed country conditions in Guatemala undermined Mazariego’s fear of future persecution. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000-01 (9th Cir.2003).

Because Mazariego did not establish eligibility for asylum, it follows that he failed to establish eligibility for withholding of removal. See…

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