Gonzalez

Gonzalez v. Gonzales

Good Law
146 F. App'x 905
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 03-73864California254 words

Opinion

Lead Opinion

MEMORANDUM **

Gregorio Gonzalez Gonzalez is a native and citizen of Guatemala. Gonzalez seeks review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s (“U”) order denying his application for asylum, withholding of *906 removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

“Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny this petition for review.

Even assuming that Gonzalez testified credibly, we conclude that the harm that Gonzalez suffered did not rise to the level of past persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995).

Substantial evidence also supports the IJ’s finding that Gonzalez failed to establish a well-founded fear of future persecution in Guatemala. See Nagoulko, 333 F.3d at 1016-18 .

Because Gonzalez did not establish that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of…

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