Carcamo

Carcamo v. Gonzales

Good Law
150 F. App'x 723
United States Court of Appeals for the Ninth CircuitOctober 19, 2005No. 04-74298California283 words

Opinion

Lead Opinion

MEMORANDUM **

Escolástico Cárcamo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction *724 pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s factual findings. Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000). We deny the petition for review.

Carcamo testified that after the killings of his father and uncle, and after shots were fired at his house and car, he lived undisturbed in Guatemala for over three years. Carcamo testified that during this time, he graduated from high school, secured a job, and took care of an ill relative without incident. The IJ’s finding that Carcamo does not have a well-founded fear of future persecution is supported by substantial evidence in that Carcamo was able to successfully relocate within Guatemala. See id. at 1245 .

Because Carcamo failed to prove eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Al-Harbi v. INS, 242…

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