Valdez

Valdez v. Ashcroft

Good Law
111 F. App'x 477
United States Court of Appeals for the Ninth CircuitSeptember 23, 2004No. 03-71511; Agency Nos. A75-302-177, A75-302-178, A75-302-179, A75-302-180California295 words

Opinion

Lead Opinion

MEMORANDUM **

Martin Avalos Valdez and his wife and two children, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s decision denying their applications for asylum, withholding of removal, and cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence a denial of asylum and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition.

Mr. Valdez testified that he lost his job as a miner because of a disagreement within his union, and he could not find new work in his town. He further testified that he never sought work elsewhere in Mexico. The record does not compel the conclusion that the petitioners were persecuted on account of an enumerated ground. See Gormley v. Ashcroft, 364 F.3d 1172, 1177-78 (9th Cir.2004) (stating that economic disadvantage alone is not grounds for asylum).

Consequently, petitioners failed to establish eligibility for asylum, see Acewicz v. INS, 984 F.2d 1056, 1061-62 (9th Cir. *478 1993), or withholding of removal, see…

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