Gonzalez

Gonzalez v. Ashcroft

Good Law
104 F. App'x 69
United States Court of Appeals for the Ninth CircuitJuly 19, 2004No. 02-72858California539 words

Opinion

Lead Opinion

MEMORANDUM **

Gloria Amparo Rosales Gonzalez, a native citizen of Guatemala, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision to deny her application for asylum and withholding of removal under 8 U.S.C. § 1231 (b)(3)(A). We have jurisdiction over this timely filed petition pursuant to 8 U.S.C. § 1252 (a). We deny the petition for review.

Rosales Gonzalez contends that she was persecuted in May of 1991 when she was assaulted by two Guatemalan rebels near her hometown of Chiquimilla. She further contends that she fears future persecution if she is returned to Guatemala. “We review the BIA’s decision that an alien has not established eligibility for asylum to determine whether it is supported by substantial evidence.” Wang v. Ashcroft, 341 F.3d 1015, 1019-20 (9th Cir.2003). Where the BIA has adopted the IJ’s reasoning without opinion, we review the IJ’s decision under the same standard. Id. at 1020 .

Rosales Gonzalez’s testimony, while credible, does not establish that she was eligible for asylum because there is no evidence that she suffered past persecution. See I.N.A. § 101(a)(42)(A), 8 U.S.C § 1101(a)(42)(A). She testified that the men stole…

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