Gonzalez-Monzon

Gonzalez-Monzon v. Ashcroft

Good Law
118 F. App'x 296
United States Court of Appeals for the Ninth CircuitJanuary 12, 2005No. 03-74303; Agency No. A79-396-151California353 words

Opinion

Lead Opinion

MEMORANDUM **

Joaquin Gonzalez-Monzon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Because the BIA adopted the IJ’s decision and also gave reasons of its own, we review both the BIA’s decision and the IJ’s decision. See Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir. *297 2002). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s determination that Gonzalez-Monzon failed to show he filed for asylum within one year of entering the United States. See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

Gonzalez-Monzon testified that his father was killed by home intruders, his brother was shot at and his family was threatened. Substantial evidence supports the BIA’s determination that GonzalezMonzon failed to establish eligibility for withholding of removal because no evidence was presented to demonstrate a likelihood of future…

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