Escobar-Hernandez

Escobar-Hernandez v. Gonzales

Good Law
140 F. App'x 724
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 04-73691; Agency No. A79-216-353California367 words

Opinion

Lead Opinion

MEMORANDUM **

Julio Cesar Escobar-Hernandez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his applications 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 decision for substantial evidence and may reverse only if the evidence compels such a result. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny in part and grant in part the petition for review.

Substantial evidence supports the IJ’s finding that petitioner failed to establish past persecution or a well-founded fear of future persecution based on political opinion. Because there is no evidence that the conduct occurred on account of political opinion, petitioner fails to establish eligibility for asylum. See id. Because petitioner failed to establish eligibility for asylum based on political opinion, it follows that petitioner failed to establish eligibility for withholding of removal based on political opinion. See Alvarez-Santos v. INS, 332 F.3d 1245,…

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