Orellana

Orellana v. Gonzales

Good Law
155 F. App'x 339
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-74865California460 words

Opinion

Lead Opinion

*340 MEMORANDUM **

Magdalena Ortiz Orellana, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s order denying her application for asylum. 1 We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

When, as here, the BIA affirms the IJ’s decision without opinion, this court’s review focuses on the merits of IJ’s decision. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). The IJ’s decision that an immigrant has not established eligibility for asylum is reviewed for substantial evidence, a deferential standard under which it must be upheld unless the evidence compels a contrary result. See INS v. EliasZacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir. 2004).

Ortiz Orellana has failed to demonstrated that the mistreatment she suffered rose to the level of persecution on account of a protected ground. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (“Threats standing alone ... constitute past persecution in only a small category of cases and only when the threats are so menacing…

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