Sacul

Sacul v. Ashcroft

Good Law
113 F. App'x 834
United States Court of Appeals for the Ninth CircuitNovember 22, 2004No. 03-72125California426 words

Opinion

Lead Opinion

MEMORANDUM **

Ramon Chocooj Sacul, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the Immigration Judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s factual findings for substantial evidence, Gormley v. Ashcroft, 364 *835 F.3d 1172, 1176 (9th Cir.2004), and we review de novo Petitioner’s due process challenge, Padilla v. Ashcroft, 334 F.3d 921, 923 (9th Cir.2003). We deny the petition for review.

The record does not compel a finding that Petitioner satisfied his burden of proving eligibility for asylum. See Prasad v. INS, 47 F.3d 336, 340 (9th Cir.1995) (in denying petition for review, this court held that “Although a reasonable factfinder could have found this incident sufficient to establish past persecution, we do not believe that a factfinder would be compelled to do so. We are not permitted to substitute our view of the matter for that of the Board.”) (emphasis in original). Accordingly, Petitioner necessarily failed to satisfy the…

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