Gonzalez-Maldonado

Gonzalez-Maldonado v. Ashcroft

Good Law
123 F. App'x 277
United States Court of Appeals for the Ninth CircuitJanuary 27, 2005No. 03-71303California765 words

Opinion

Lead Opinion

MEMORANDUM ***

Gabriel Gonzalez-Maldonado (“Gonzalez”), a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), which affirmed without opinion the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Because the BIA adopted the IJ’s decision without opinion, we review the decision of the IJ. Alvarez-Garcia v. Ashcroft, 378 F.3d 1094, 1096 (9th Cir.2004). We must uphold the IJ’s decision if it is supported by reasonable, substantial and probative evidence in the record. Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004).

Gonzalez argues that the IJ erred in concluding that it would be reasonable for him to avoid future persecution by relocating to another part of Mexico. “[A]n individual who can relocate safely within his home country ordinarily cannot qualify for asylum.” INS v. Ventura, 537 U.S. 12, 18 , 123 S.Ct. 353 , 154 L.Ed.2d 272 (2000) (citing 8 C.F.R. § 208.13 (b)(l)(i)(B)). In determining the reasonableness of internal relocation, we consider…

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