Aguilar

Aguilar v. Gonzales

Good Law
166 F. App'x 970
United States Court of Appeals for the Ninth CircuitFebruary 15, 2006No. 04-73986California630 words

Opinion

Lead Opinion

MEMORANDUM **

*971 Filomeno De Leon Aguilar (“De Leon”) petitions for review of a final order issued by the Board of Immigration Appeals (“BIA”) summarily affirming an Immigration Judge’s (“IJ”) denial of asylum and withholding of removal. De Leon’s wife and three children filed derivative petitions. We deny review.

DISCUSSION

To qualify for asylum, De Leon was required to show he was unwilling to return to Guatemala “because of persecution or a well-founded fear of persecution on account of ... political opinion.” See Khup v. Ashcroft, 376 F.3d 898, 903 (9th Cir.2004) (internal quotation omitted). To obtain withholding of removal, De Leon was required to show he would more likely than not be subjected to persecution if forced to return to Guatemala. See id. at 905 . Because the BIA summarily affirmed, we review the IJ’s opinion. See Mansour v. Ashcroft, 390 F.3d 667, 671 (9th Cir.2004). The IJ’s findings are reviewed for substantial evidence. See Narayan v. Ashcroft, 384 F.3d 1065, 1067 (9th Cir.2004).

De Leon claims he was persecuted after he stopped participating in mandatory civil patrols and refused to report to the military. He left his home and family, worked in more…

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.