Anselmo

Anselmo v. Gonzales

Good Law
135 F. App'x 121
United States Court of Appeals for the Ninth CircuitJune 20, 2005No. 02-74360; Agency No. A19-160-876California435 words

Opinion

Lead Opinion

*122 MEMORANDUM **

Julia Soriano Anselmo petitions for review of the judgment of the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) decision denying her claims for asylum and withholding of removal. For the reasons stated below, we deny Anselmo’s petition for review.

Where, as here, the BIA affirms the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). The IJ found that Anselmo failed to meet her burden for establishing eligibility for asylum and withholding of removal because she was not a credible witness. Moreover, the IJ made two additional alternative findings: first, even if the petitioner were credible, the alleged incident did not rise to the level of persecution; and second, even if Anselmo were credible and the incident constituted persecution, the conditions in the Philippines have changed such that she no longer has a well-founded fear of persecution.

Substantial evidence supports the IJ’s adverse credibility determination. Tawadrus v. Ashcroft, 364 F.3d 1099, 1102 (9th Cir.2004) (stating standard). The IJ based this determination…

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