Martinez
Martinez v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Nelson Mauricio Martinez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s finding for substantial evidence. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004); Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). We deny in part and grant in part.
Substantial evidence supports the IJ’s decision that Martinez did not suffer past persecution on account of a political opinion and that the subsequent threats made against him were also not on account of an enumerated ground. See Dinu v. Ashcroft, 372 F.3d 1041, 1044 (9th Cir. 2004); see also Sanchez-Trujillo v. INS, 801 F.2d 1571, 1576-77 (9th Cir.1986).
Because Martinez failed to demonstrate eligibility for asylum, he also failed to meet the higher burden under withholding of removal. See Dinu, 372 F.3d at 1045 . Accordingly, we deny the petition for review as to the asylum and withholding claims.