Mendoza
Mendoza v. Ashcroft
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…