Velasco Aviles v. Gonzales

Good Law
125 F. App'x 895
United States Court of Appeals for the Ninth CircuitApril 12, 2005No. 04-70880; Agency No. A75-252-325California280 words

Opinion

Lead Opinion

MEMORANDUM ***

Jenny Marlene Velasco Aviles, a native and citizen of Bolivia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which summarily affirmed the Immigration Judge’s (“IJ”) order denying her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny the petition for review.

Aviles contends that the IJ erred by finding that she did not establish past persecution or a well-founded fear of future persecution. We disagree. Substantial evidence supports the IJ’s conclusion that Aviles failed to establish past persecution or a well-founded fear of future persecution. See Singh v. INS, 134 F.3d 962, 967 (9th Cir.1998) (recognizing that “[mjere generalized lawlessness and violence” without a particularized risk to the petitioner is generally insufficient to support a claim of asylum).

Because Aviles has not…

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