Ramos

Ramos v. Gonzales

Good Law
140 F. App'x 748
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 02-72939, A76-860-682California333 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Cristina Ramos, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000) (“[T]he IJ’s determination that an alien is not eligible for asylum must be upheld if supported by reasonable, substantial, and probative evidence in the record.”).

Ramos’s due process challenge to the BIA’s streamlining procedure is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 851-52 (9th Cir.2003).

Substantial evidence supports the IJ’s determination that Ramos did not establish past persecution based on the threats she received from guerrillas. See Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000) (only in “certain extreme cases [have we] held that repeated and especially menacing death threats can constitute a primary part of a past persecution claim”).

Ramos also failed to establish a well-founded fear of persecution. An alien must “point[ ] to credible, direct,…

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