Almendras

Almendras v. Holder

Good Law
416 F. App'x 671
United States Court of Appeals for the Ninth CircuitFebruary 28, 2011No. 06-74831California351 words

Opinion

Lead Opinion

MEMORANDUM **

Myson Pagarigan Almendras and Andrew Pagarigan Almendras, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We review for substantial evidence factual findings, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and de novo claims of due process violations in removal proceedings, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Petitioners do not challenge the agency’s finding that they failed to establish past persecution. Substantial evidence supports the agency’s finding that petitioners failed to demonstrate a well-founded fear of future persecution on account of their father’s intelligence work in the Philippines twenty years ago. See Molina-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir.2002) (when a petitioner has not established past persecution, the agency may “rely on all relevant evidence in the record, including a State Department report, in considering whether the petitioner has…

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