Gonzalez-Hernandez

Gonzalez-Hernandez v. Gonzales

Good Law
173 F. App'x 604
United States Court of Appeals for the Ninth CircuitMarch 15, 2006No. 04-73721California341 words

Opinion

Lead Opinion

MEMORANDUM **

Olga Adilia Gonzalez-Hernandez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, and for relief under the Convention Against Torture (“CAT”). We review for substantial evidence and may reverse only if the evidence compels a contrary conclusion. Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir.2000). We deny in part and dismiss in part the petition.

Substantial evidence supports the IJ’s and BIA’s determination that petitioner failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. Because petitioner testified that she did not know who kidnaped her brothers and beat her father, and testified that people in other villages were kidnaped, and there is no evidence that the incidents occurred based on an enumerated ground, her asylum claim accordingly fails. See INS v. Elias-Zacarias, 502 U.S. 478, 482-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); see also Molina-Estrada v. INS, 293 F.3d 1089, *606 1094-95 (9th Cir.2002) (holding that there was no evidence…

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