Solorzano

Solorzano v. Mukasey

Good Law
304 F. App'x 593
United States Court of Appeals for the Ninth CircuitDecember 23, 2008No. 05-71429California351 words

Opinion

lead Opinion

MEMORANDUM **

Miguel Raymundo Solorzano, a native and citizen of Guatemala, and his wife, Maria Leticia Solorzano, a native and citizen of Mexico, petition for review of a decision of the Board of Immigration Appeals (“BIA”) adopting and affirming without opinion an Immigration Judge’s (“IJ”) denial of their request for asylum and withholding of removal. 1 We have jurisdiction under 8 U.S.C. § 1252 .

When the BIA affirms the decision of the IJ without opinion, we review the decision of the IJ as the final agency decision. Mansour v. Ashcroft, 390 F.3d 667, 671 (9th Cir.2004). We review the determination that an alien has not established eligibility for asylum for substantial evidence. Id. Because the IJ failed to make an explicit adverse credibility finding, we accept Solorzano’s testimony as true and review accordingly. See id. at 672 . We deny the petition for review.

Substantial evidence supports the IJ’s finding that Solorzano failed to establish past persecution. The incidents Solorzano described did not amount to explicit threats and, even if they had, unfulfilled threats without more generally do not constitute past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th…

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