Sosa

Sosa v. Gonzales

Good Law
131 F. App'x 572
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 03-74368California240 words

Opinion

Lead Opinion

MEMORANDUM ***

Pedro Alfonso Sosa, his wife and children," natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of their application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 and review for substantial evidence. See Jahed v. INS, 356 F.3d 991, 996 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the IJ’s decision that the guerilla group’s extortion efforts do not constitute persecution on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Because Sosa fails to establish a well-founded fear of persecution, he necessarily fails to meet the higher standard under withholding of removal. See Chanco v. INS, 82 F.3d 298, 303 (9th Cir.1996).

Substantial evidence also supports the IJ’s determination that it is not more likely than not that Sosa will be tortured upon *573 returning to Colombia. See Gui v. INS, 280 F.3d 1217, 1230 (9th Cir.2002).

The voluntary departure period was stayed, and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.