Lopez

Lopez v. Ashcroft

Good Law
103 F. App'x 269
United States Court of Appeals for the Ninth CircuitJuly 15, 2004Nos. 02-72513California275 words

Opinion

Lead Opinion

MEMORANDUM ***

Fernando and Charles Carrillo Lopez, brothers and natives and citizens of Peru, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of their 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.

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

Petitioners’ challenge to the decision on the merits fails because, even assuming they were credible witnesses, substantial evidence supports the IJ’s determination that they failed to establish past persecution or a well-founded fear of persecution. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000) (holding that record did not com *270 pel the conclusion that threats constituted past persecution where the petitioner received death threats after testifying in court against subversives); Molina-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir. 2002) (holding that substantial evidence supported denial of asylum application where petitioner failed to establish…

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