Duarte Morales v. Gonzales

MEMORANDUM **

Edguar Eduardo Duarte Morales, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ dismissal of his appeal of an immigration judge’s denial of his applications for asylum, withholding of removal, protection under the Convention Against Torture, and cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Substantial evidence supports the IJ’s determination that Duarte Morales’ fear of forced conscription or reprisals for his refusal to join the Guatemalan military in 1993 failed to establish the required nexus to an enumerated ground. See Movsisian v. Ashcroft, 395 F.3d 1095, 1097 (9th Cir.2005). Moreover, substantial evidence supports the IJ’s determination that Duarte Morales’ fear of future persecution is not objectively reasonable in light of current country conditions. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000-01 (9th Cir.2003).

Because Duarte Morales failed to establish eligibility for asylum, he necessarily failed to establish eligibility for withholding of removal. See id. at 1001 n. 5. Substantial evidence also supports the IJ’s determination that…