Gutierrez

Gutierrez v. Gonzales

Good Law
171 F. App'x 660
United States Court of Appeals for the Ninth CircuitMarch 17, 2006No. 04-72510California323 words

Opinion

Lead Opinion

MEMORANDUM ****

Alexander Fragante Gutierrez, a native and citizen of the Philippines, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) denial of Gutierrez’s application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (b). We review for substantial evidence, see Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir.2005), and we deny the petition for review.

Substantial evidence supports the IJ’s determination that Gutierrez’s experiences did not rise to the level of persecution. See Nahrvani, 399 F.3d at 1153 (holding that the threats failed to rise to the level of persecution because the threats were anonymous, vague, and did not create a sense of immediate physical violence). In addition, substantial evidence supports the IJ’s determination that Gutierrez’s fear of persecution is not objectively reasonable. See Lim v. INS, 224 F.3d 929, 934 (9th Cir.2000). Neither Gutierrez nor his family was threatened, harassed, harmed, or contacted during the two years between the receipt of the *662 threatening…

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