Alvarez-Urias

Alvarez-Urias v. Gonzales

Good Law
150 F. App'x 695
United States Court of Appeals for the Ninth CircuitOctober 18, 2005No. 03-73939California400 words

Opinion

Lead Opinion

MEMORANDUM **

Enrique Alvarez-Urias, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immi *696 gration 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 for substantial evidence, Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000), and we grant in part and deny in part the petition for review.

Substantial evidence does not support the IJ’s decision that petitioner failed to establish past persecution. Guerrillas threatened petitioner and his family because his brother was in the military. Guerrillas then beheaded his brother after they threatened the family. A month after they murdered petitioner’s brother, the guerrillas fired gunshots at petitioner and threatened to kill him like they killed his brother. Because “violence against members of an alien’s family is sufficient to support the conclusion that the alien’s life or freedom is endangered,” see Hernandez-Ortiz v. INS, 777 F.2d 509, 515 (9th Cir.1985), and here, petitioner’s brother was murdered and…

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