Lindo-Tena

Lindo-Tena v. Gonzales

Good Law
153 F. App'x 423
United States Court of Appeals for the Ninth CircuitOctober 28, 2005No. 04-72843; Agency No. A72-675-255California342 words

Opinion

Lead Opinion

MEMORANDUM **

Amparo Lindo-Tena, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from the Immigration Judge’s (“IJ”) denial of her applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the denial of asylum and withholding of removal, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and will uphold the BIA’s and IJ’s decisions unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

We conclude that substantial evidence supports the BIA’s and IJ’s findings that circumstances in Peru have changed, such that Lindo-Tena has no objective, well-founded fear of future persecution. The IJ provided an individualized analysis of how changed country conditions •will affect Lin-do-Tena’s situation, noting that Lindo-Tena has ceased all activities that might have made her a target of the Shining Path. See Gonzalez-Hemandez v. Ashcroft, 336 F.3d 995 , 1000 (9th Cir.2003) (where agency rationally construes country report and…

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