Argueta-Lopez

Argueta-Lopez v. Gonzales

Good Law
134 F. App'x 126
United States Court of Appeals for the Ninth CircuitMay 12, 2005No. 03-74292California364 words

Opinion

Lead Opinion

MEMORANDUM ***

Jenaro Rodolfo Argueta-Lopez, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) denial of asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 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 for substantial evidence, see Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we deny the petition for review.

In the twenty years since Argueta-Lopez left Guatemala, there has been a “fundamental change in circumstances such that the applicant no longer has a well-founded fear of persecution.” 8 C.F.R. § 1208.13 (b)(l)(i); see also Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998-99 (9th Cir.2003) (holding that a 1997 State Department country report was substantial evidence to support the agency’s determination that changed country conditions in Guatemala, and the possibility of internal relocation, undermined the petitioners’ fear of future…

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