Matias-Martin

Matias-Martin v. Gonzales

Good Law
137 F. App'x 86
United States Court of Appeals for the Ninth CircuitJune 24, 2005No. 04-73000California290 words

Opinion

Lead Opinion

MEMORANDUM ***

Justo Matias-Martin petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We deny the petition.

Substantial evidence supports the IJ’s denial of asylum because Matias-Martin does not demonstrate that his experiences in Guatemala amount to past persecution or well-founded fear of future persecution on account of political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 482 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Sangha v. INS, 103 F.3d 1482, 1488-89 (9th Cir.1997). Additionally, we agree with the IJ that Matias-Martin faces a significantly diminished chance of harm if he returns to Guatemala because the government and the guerrillas have agreed to peace accords. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998-99 (9th…

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