Lopez

Lopez v. Ashcroft

Good Law
114 F. App'x 948
United States Court of Appeals for the Ninth CircuitDecember 15, 2004No. 03-72253; Agency No. A70-811-445California317 words

Opinion

Lead Opinion

MEMORANDUM **

Leopoldo Aníbal Rios Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s (“IJ”) order denying his applications for asylum, withholding of removal and for protection 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 this petition for review.

The record does not compel the conclusion that Lopez suffered past persecution as a result of the threats and the assault by the two uniformed men in 1991 at his house. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (holding that police’s kicking of applicant and hits to applicant’s stomach during a four to six hour detention did not compel finding of past persecution). Petitioner’s remaining contentions regarding past persecution are unpersuasive.

Because Lopez failed to demonstrate that he suffered past persecution, there is no presumption that he has a well-founded fear of future persecution. See Nagoulko, 333 F.3d at 1018 . Additionally, Lopez failed to present “credible,…

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