Tello-Barrientos

Tello-Barrientos v. Gonzales

Good Law
176 F. App'x 768
United States Court of Appeals for the Ninth CircuitApril 12, 2006No. 04-75136California329 words

Opinion

Lead Opinion

MEMORANDUM **

David Tello-Barrientos, a native and citizen of Peru, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) opinion which affirmed the Immigration Judge’s denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA conducted a de novo review of the record and made an independent determination of whether relief is appropriate, this Court reviews the decision of the BIA. See Molina-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). We review for substantial evidence the BIA’s decision and may reverse only if the evidence compels such a result. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Tello-Barrientos seeks asylum based on two incidents allegedly perpetrated by the Shining Path. Even assuming that the Shining Path was the perpetrator of the incidents, substantial evidence supports the BIA’s finding that Tello-Barrientos failed to establish past persecution or a well-founded fear of future persecution based on an enumerated ground. See id. at…

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