Vega-De Fisher v. Ashcroft

Good Law
119 F. App'x 168
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-73465California324 words

Opinion

Lead Opinion

MEMORANDUM **

Marjorie Graciela Vega-De Fisher, a native and citizen of Nicaragua, 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 protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Gormley v. Ash *169 croft, 364 F.3d 1172, 1176 (9th Cir.2004), and we must uphold the decision unless the evidence compels a contrary result, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Vega-de Fisher does not have an objectively reasonable fear of persecution based on family relationships because her father-in-law and husband have traveled to Nicaragua on a number of occasions without incident. See Belayneh v. INS, 213 F.3d 488, 491 (9th Cir.2000).

Because Vega-de Fisher failed to meet the requirements for asylum, she necessarily failed to meet the more stringent evidentiary standard required for withholding of removal. See Farah v. Ashcroft, 348 F.3d…

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