Rosales-Picen

Rosales-Picen v. Gonzales

Good Law
122 F. App'x 372
United States Court of Appeals for the Ninth CircuitFebruary 14, 2005No. 02-70979; Agency No. A76-680-122California416 words

Opinion

Lead Opinion

MEMORANDUM ***

Idania Maybeli Rosales-Picen, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We deny in part and dismiss in part this petition for review.

In her July 29, 2002 opening brief to this court, 1 Rosales-Picen challenges the merits of the BIA’s denial of her application. We review for substantial evidence. Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000).

Substantial evidence supports the determination that the threats the Guatemalan guerillas made to Rosales-Picen did not constitute past persecution, see Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (unfulfilled threats may indicate a danger of future persecution, but generally do not constitute past persecution), and that she failed to present evidence showing an objectively reasonable fear of future persecution, see Molino-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir.2002) (where petitioner fails to show past persecution, country conditions reports are relevant evidence…

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