Gramajo
Gramajo v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Eswin Arturo Gramajo, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) and the Nicaraguan and Central American Relief Act (“NACARA”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review the IJ’s decision for substantial evidence. Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003). We deny in part and dismiss in part the petition for review.
Even if Gramajo could establish past persecution based on the beatings and threats to which he was subjected by the Guatemalan military, substantial evidence supports the IJ’s determination that there has been a fundamental change in circumstances such that Gramajo no longer has a well-founded fear of future persecution by the Guatemalan authorities. See id. at 997 ; see also 8 C.F.R. § 1208.13 (b)(1)(i)(A).