Grajales

Grajales v. Mukasey

Good Law
305 F. App'x 381
United States Court of Appeals for the Ninth CircuitDecember 26, 2008No. 05-73271California285 words

Opinion

Lead Opinion

MEMORANDUM **

Orlando Antonio Grajales, his wife and two daughters, and Deison Blandón and his wife, natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, 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.

Substantial evidence supports the BIA’s conclusion that petitioners have failed to demonstrate that the guerillas threatened petitioners and demanded money from them on account of a protected ground. See Elias-Zacarias, 502 U.S. at 482-83 , 112 S.Ct. 812 . Contrary to petitioners’ contention, the record does not demonstrate that the petitioners communicated a political opinion to the guerillas and the evidence does not compel a finding that the guerillas were motivated, even in part, by petitioners’ political opinion. Cf. Borja v. INS, 175 F.3d 732, 735-36 (9th Cir.1999). Accordingly, they have failed to…

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