Castillo-Gomez

Castillo-Gomez v. Ashcroft

Good Law
109 F. App'x 976
United States Court of Appeals for the Ninth CircuitSeptember 27, 2004No. 03-70927; Agency Nos. A73-989-604, A73-989-605California318 words

Opinion

Lead Opinion

MEMORANDUM **

Ruben Emilio Castillo-Gomez, and his son Pablo Ruben Castillo-Maldonado, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal of an Immigration Judge’s denial of their application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

Castillo-Gomez did not present sufficient evidence to compel a finding that he suffered past persecution or that he has an objectively reasonable fear of persecution upon his return to Guatemala. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Because petitioners failed to qualify for asylum, they necessarily failed to satisfy the more stringent standard for withholding of removal. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995 , 1001 n. 5 (9th Cir.2003).

Petitioners’ remaining contentions are unpersuasive.

Petitioners do not challenge the agency’s denial of CAT relief and therefore it is waived. See…

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