Andrade

Andrade v. Ashcroft

Good Law
99 F. App'x 113
United States Court of Appeals for the Ninth CircuitMay 17, 2004No. 03-70329; Agency Nos. A75-532-890, A75-532-891, A75-532-892California364 words

Opinion

Lead Opinion

MEMORANDUM **

Gustavo Castillo Andrade, and his two adult sons, Norberto Castillo Cobian, and Omar Castillo Cobian (“Petitioners”), natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying their applications for asylum, withholding of removal, and for relief under Article 3 of the Convention Against Torture (the “Convention”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence both the denial of asylum, Wang v. Ashcroft, 341 F.3d 1015, 1019-20 (9th Cir.2003), and the denial of relief under the Convention, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Petitioners did not establish past persecution or a well-founded fear of future persecution. For example, Petitioners’ periodic inability to find employment does not rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016 (9th Cir.2003) (holding that employment discrimination “is not the type of economic deprivation that rises to the level of persecution”). Similarly, brief…

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