Cornejo-Merida

Cornejo-Merida v. Ashcroft

Good Law
116 F. App'x 900
United States Court of Appeals for the Ninth CircuitNovember 30, 2004No. 03-73061; Agency No. A79-217-949California1,019 words

Opinion

Lead Opinion

MEMORANDUM *

Martin Cornejo-Merida, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision denying his applications for asylum under § 208 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1158 , and withholding of removal under § 241(b)(3) of the INA, 8 U.S.C. § 1231 (b)(3). Cornejo contends that he is eligible for asylum and withholding of removal because he fears persecution if he is returned to Peru. We deny the petition for review.

We have jurisdiction pursuant to 8 U.S.C. § 1252 and “review the decision of the immigration judge to the extent the BIA’s opinion incorporated it.” Singh v. INS, 134 F.3d 962 , 966 n. 5 (9th Cir.1998). We review factual determinations of an alien’s statutory ineligibility for asylum and withholding of removal for “substantial evidence.” Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995); see also 8 U.S.C. § 1252 (b)(4)(B). “When reviewing for substantial evidence, we must uphold the IJ’s findings unless the evidence not only supports, but compels, contrary findings.” *902 Ochave v. INS, 254 F.3d 859, 862 (9th Cir.2001).

Cornejo is a homosexual man who argues that he suffered persecution…

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.