Cardenas-Borja

Cardenas-Borja v. Gonzales

Good Law
141 F. App'x 647
United States Court of Appeals for the Ninth CircuitAugust 15, 2005Agency No. A72-698-104; Agency No. A72-698-104California368 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Antonio Cardenas-Borja, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the conclusion that Cardenas-Borja is ineligible for asylum for substantial evidence. Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir.2005). We review due process contentions de novo. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Cardenas-Borja is not eligible for asylum, as the record does not compel the conclusion that the threats the Peruvian guerillas made to Cardenas-Borja constituted past persecution, see Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (unfulfilled threats may indicate a danger of future persecution, but generally do not constitute past persecution), or that Cardenas-Borja has an objectively reasonable fear of future persecution on account of a protected ground, see Nahrvani 399 F.3d at 1154 .

Cardenas-Borja contends that the IJ violated his due process…

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