Giraldo

Giraldo v. Ashcroft

Good Law
109 F. App'x 859
United States Court of Appeals for the Ninth CircuitSeptember 20, 2004No. 02-74421California357 words

Opinion

Lead Opinion

*860 MEMORANDUM ***

Marco Tulio Giraldo, a native and citizen of Colombia, petitions for review of the decision of the Board of Immigration Appeals summarily affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence, Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and we deny the petition for review.

Giraldo testified that members of a guerilla group shot at his sister-in-law in 1976 or 1977 and his family subsequently received general threats from guerillas. However, Giraldo continued to live in Colombia for twelve years without incident after receiving these threats, his wife currently lives in Colombia and has remained undisturbed, and Giraldo failed to present any evidence that would support a finding that anyone in Colombia has an interest in harming him today. Therefore, substantial evidence supports the IJ’s conclusion that Giraldo failed to establish a fear of future persecution that was “both subjectively genuine and objectively reasonable.” See…

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.