Santiago

Santiago v. Ashcroft

Good Law
104 F. App'x 635
United States Court of Appeals for the Ninth CircuitJuly 19, 2004No. 02-71178California400 words

Opinion

Lead Opinion

MEMORANDUM **

Andre Fructuoso Santiago, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and cancellation of removal. We have jurisdiction over the petition for review of the denial of asylum and withholding of removal pursuant to 8 U.S.C. § 1252 . We *636 review for substantial evidence, and will uphold the determination unless the evidence compels a contrary conclusion. See Chanco v. INS, 82 F.3d 298, 300 (9th Cir. 1996). We deny in part, and dismiss in part, the petition for review.

Substantial evidence supports the IJ’s decision to deny Santiago asylum and withholding of removal because being membership in the military does not constitute the requisite actual or imputed political opinion or membership in a particular social group. See id.; Arriaga-Barrientos v. INS, 937 F.2d 411, 414 (9th Cir.1991).

We lack jurisdiction over the IJ’s decision denying cancellation of removal because the IJ denied relief based solely on Santiago’s failure to demonstrate “exceptional and extremely unusual” hardship. See…

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