Guzman

Guzman v. Ashcroft

Good Law
114 F. App'x 874
United States Court of Appeals for the Ninth CircuitDecember 10, 2004No. 03-72104; Agency No. A75-535-063California320 words

Opinion

Lead Opinion

MEMORANDUM **

Edgar Leonel Guzman, 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 decision denying his applications for asylum, with *875 holding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the BIA’s determination that the government rebutted the presumption of a well-founded fear of future persecution based on a “fundamental change in circumstances” in Guatemala. See 8 C.F.R. § 1208.13 (b)(l)(i)(A); Gonzalez-Hernandez, 336 F.3d at 998-99 (upholding the BIA’s conclusion that changed country conditions in Guatemala were sufficient to rebut presumption of a well-founded fear of future persecution). Accordingly, Guzman was not entitled to asylum, see 8 C.F.R. § 1208.13 (b)(l)(i)(A), and necessarily failed to satisfy the more stringent standard for withholding of removal, see Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th…

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.