Rodas-Calderon

Rodas-Calderon v. Gonzales

Good Law
171 F. App'x 72
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-76543California327 words

Opinion

Lead Opinion

MEMORANDUM **

Crisonto Rodas-Calderon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of deportation, and request for relief under the Convention Against Torture (“CAT”). We review the denial of asylum and withholding of deportation for substantial evidence and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the IJ’s conclusion that Rodas-Calderon did not establish a well-founded fear of future persecution. The record does not compel a reasonable fact-finder to conclude that the military would be interested in RodasCalderon on account of a. protected ground, rather than being interested in recruiting him because he is of the age to serve in the military. Id. at 482-83 , 112 S.Ct. 812 . Rodas-Calderon did not challenge the IJ’s finding that he did not suffer past persecution in his opening brief, and has therefore waived the issue. See…

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