Mendoza

Mendoza v. Ashcroft

Good Law
104 F. App'x 91
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 03-72478California596 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Evelyn Lubiano Mendoza, a native citizen of the Philippines, appeals pro se from the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“U”) decision denying her applications for asylum and withholding of removal under 8 U.S.C. § 1231 (b)(3), and her request for relief under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention Against Torture”). We have jurisdiction over this timely appeal pursuant to 8 U.S.C. § 1252 (a). We deny the petition for review.

Mendoza contends that she was subject to past persecution in the Philippines and that she has a well-founded fear of future persecution if returned to the Philippines based on the severity of the past persecution. Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as if it were that of the BIA. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir. 2002). We review the IJ’s decision for substantial evidence. Ortiz v. INS, 179 F.3d 1148, 1154 (9th Cir.1999).

The Government first argues that Mendoza’s petition should be dismissed because her pro se brief does not cite to 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.