Orona-Duenez

Orona-Duenez v. Gonzales

Good Law
127 F. App'x 945
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-70109California384 words

Opinion

Lead Opinion

MEMORANDUM ***

Jose Luis Orona-Duenez, his wife, Santa Zamora Orona, and their son, natives and citizens of Mexico, petition for review of the decision of the Board of Immigration Appeals, affirming an immigration judge’s denial of their application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence and reverse only if the evidence compels the opposite conclusion. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We deny the petition for review.

The record does not compel the conclusion that Orona-Duenez established past persecution when the Mexican police beat him on one occasion and he did not seek professional medical treatment. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995) (holding no past persecution where petitioner was forced from a car at gunpoint, detained, interrogated, beaten, and required no medical attention).

Substantial evidence supports the agency’s conclusion that Orona-Duenez did not establish a well-founded fear of future persecution because fifteen years had elapsed since petitioners departed Mexico and the record does not compel the conclusion that the Mexican police would…

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