Alvarez-Rios

Alvarez-Rios v. Ashcroft

Good Law
118 F. App'x 195
United States Court of Appeals for the Ninth CircuitDecember 8, 2004No. 03-73435California435 words

Opinion

Lead Opinion

MEMORANDUM **

Floridalma Alvarez-Rios, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the denial of asylum, and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We deny the petition for review.

Although the U noted in passing that Alvarez-Rios’ testimony in some respects strained credulity, there was no ex *197 plicit adverse credibility determination and thus we take Alvarez-Rios’ testimony as true. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 658-59 (9th. Cir.2003). Alvarez-Rios did not present sufficient evidence to compel a finding that she suffered past persecution or that she has an objectively reasonable fear of persecution should she return to Guatemala. As the IJ found, Alvarez-Rios’ belief that Marcos was killed by guerrillas on account of his political activities was entirely speculative. See Ochave v.…

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