Mazariegos-Velasquez

Mazariegos-Velasquez v. Ashcroft

Good Law
111 F. App'x 521
United States Court of Appeals for the Ninth CircuitOctober 25, 2004No. 03-70955California335 words

Opinion

Lead Opinion

MEMORANDUM **

Marvin Manuel Mazariegos-Velasquez and his wife, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) denial of their applications for asylum and withholding of deportation. Because 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 the BIA’s denial of an application for asylum on the ground that the alien has not established eligibility, see Mezar-Manay v. INS, 139 F.3d 759, 762 (9th Cir.1998), and we deny the petition for review.

Even assuming Mazariegos-Velasquez was credible, substantial evidence supports the BIA’s conclusion that he failed to present sufficient evidence to establish past persecution or a well-founded fear of future persecution on account of any of the five protected grounds. See INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Mazariegos-Velasquez testified that on one occasion, he was kidnapped and beaten by four unknown men. Additionally, he testified that his uncle was murdered due to a personal dispute. This testimony does not establish that…

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.