Villalta

Villalta v. Ashcroft

Good Law
121 F. App'x 725
United States Court of Appeals for the Ninth CircuitFebruary 9, 2005No. 03-72247; Agency No. A44-024-836California740 words

Opinion

Lead Opinion

MEMORANDUM ***

Luis Guillermo Villalta, a native and citizen of El Salvador, petitions for review of an order by the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) order. The IJ ordered Villalta removed to El Salvador and denied his application for withholding of removal and relief under the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (“CAT”). 1 Because the parties are familiar with the facts and procedure of this case, we do not recite them here.

We review the BIA’s factual findings under the substantial evidence standard. See Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). Factual findings will *727 be sustained if they are “supported by reasonable, substantial, and probative evidence in the record.” Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003). We review questions of law de novo. Id.

Withholding of Removal

In order to qualify for withholding of removal, an applicant must show that it is more likely than not that his “life or freedom would be threatened” if he is returned to his homeland, on account of race, religion, nationality, membership in a particular social…

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