Fuentes

Fuentes v. Gonzales

Good Law
146 F. App'x 904
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 04-70565California282 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Enrique Perez Fuentes is a native and citizen of Guatemala. Fuentes petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which summarily affirmed the Immigration Judge’s (“IJ”) order denying his applica *905 tion for asylum, withholding of removal and CAT relief. We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny this petition for review.

Substantial evidence supports the IJ’s determination that Fuentes was not persecuted in Guatemala. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995). In addition, substantial evidence supports the IJ’s conclusion that Fuentes’ fear of future persecution is too speculative to establish a well-founded fear of persecution. See Nagoulko, 333 F.3d at 1018 .

Because Fuentes did not establish eligibility for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d 1245, 1255…

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