Manuel

Manuel v. Gonzales

Good Law
152 F. App'x 632
United States Court of Appeals for the Ninth CircuitOctober 31, 2005No. 04-15516California415 words

Opinion

Lead Opinion

MEMORANDUM **

Ana Pascual Manuel appeals from the district court’s denial of her 28 U.S.C. § 2241 habeas petition, challenging an order for her removal and asserting claims for withholding of removal, protection under the Convention Against Torture (CAT), and violation of her constitutional right to familial association. Construing the appeal with respect to the removal and CAT claims as a petition for review of the decisions of the Board of Immigration Appeals (BIA) and the Immigration Judge (IJ), see Alvarez-Barajas v. Gonzales, 418 F.3d 1050, 1052-53 (9th Cir.2005); 8 U.S.C. §§ 1252 (a)(4)-(5), (b)(9), we deny the petition. We dismiss her appeal from denial of habeas relief as moot.

I

The IJ was not compelled to find that Manuel was persecuted on account of a protected ground. See 8 C.F.R. § 1208.16 (b). There was virtually no evidence that her unfortunate treatment at the hands of guerillas and the military in the early 1980s was on account of her aunt’s political opinion imputed to her or her membership in a particular social group of Kanjobal-speaking Mayans in the Huehuetenango Department of Guatemala. Cf. Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1074-77 (9th…

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