Najera-Porta

Najera-Porta v. Gonzales

Good Law
158 F. App'x 55
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-71746California319 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.