Bran

Bran v. Gonzales

Good Law
171 F. App'x 153
United States Court of Appeals for the Ninth CircuitMarch 15, 2006No. 04-74749California477 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Barrera Bran, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) summary affirmance of the decision by the immigration judge (IJ) denying his applications for asylum, withholding of removal and protections under the Convention Against Torture (“CAT”) based on an adverse credibility determination. We have jurisdiction over this timely filed petition under 8 U.S.C. § 1252 (a). We review for substantial evidence, see Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997), and deny the petition.

To establish eligibility for asylum an alien must demonstrate past persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. See Ochoa v. Gonzales, 406 F.3d 1166, 1170 (9th Cir.2005). Withholding of removal requires showing a clear probability of such persecution. Id. CAT relief is available to an alien who demonstrates “it is more likely than not *154 that he or she would be tortured if removed to the proposed country of removal.” Id. at 1172 (internal quotation omitted).

Bran claims that he was persecuted in Guatemala by the army…

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