Najera-Porta
Najera-Porta v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Mynor Amilcar Naj era-Porta, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) order denying his application for asylum. We have jurisdiction pursuant to 8 U.S.C. § 1252 .
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).
Based on our review of the record, we are not compelled to conclude that Najera-Porta has a well-founded fear of perseeu *56 tion. See Nagoulko v. INS, 333 F.3d 1012, 1015-16 (9th Cir.2003). Accordingly, substantial evidence supports the IJ’s denial of asylum.
The IJ also denied Najera-Porta’s application for withholding of removal and for protection under the…