Aguilar

Aguilar v. Gonzales

Good Law
151 F. App'x 552
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 04-70912California315 words

Opinion

Lead Opinion

MEMORANDUM **

Elba Macias Aguilar is a native and citizen of Mexico. Aguilar petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s (“IJ”) order denying her application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA made an independent determination of whether relief is appropriate, this Court reviews the deci *553 sion of the BIA. See Molino-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny this petition for review.

The only issue that Aguilar contests is the BIA’s finding that she did not suffer past persecution. Substantial evidence supports the BIA’s denial of asylum because Aguilar’s sexual harassment problems, her subsequent job transfer, and her son’s disappearances from school did not rise to the level of past persecution. See Prasad v. INS, 47 F.3d 336, 339-40 (9th Cir.1995); see also Nagoulko, 333 F.3d at 1016 (holding that incidents of discrimination and harassment do not compel a finding of…

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