Lucina

Lucina v. Ashcroft

Good Law
103 F. App'x 134
United States Court of Appeals for the Ninth CircuitJune 24, 2004No. 02-71914California293 words

Opinion

Lead Opinion

MEMORANDUM ***

Evelyn Munio Lucina, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of her applications for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we deny the petition for review.

Lucina’s challenge to the BIA’s summary affirmance procedure is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 849-50 (9th Cir.2003).

Lucina’s challenge to the decision on the merits fails because, even assuming she was a credible witness, the IJ’s determination that she failed to establish past persecution or a well-founded fear of persecution was supported by substantial evidence. See Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001) (holding that petitioner must show more than the existence of a generalized or random possibility of persecution in his native country and that claim of persecution upon return is weakened, even undercut, when similarly-situ *136 ated family members continue to live in the country without incident); Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000) (holding that record did not compel the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.