Fernandez

Fernandez v. Mukasey

Good Law
309 F. App'x 141
United States Court of Appeals for the Ninth CircuitJanuary 20, 2009No. 05-74883California349 words

Opinion

Lead Opinion

*142 MEMORANDUM **

Jose Raymundo Fernandez, and his wife, natives and citizens of the Philippines, petition for review of a Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Substantial evidence supports the IJ’s finding that the threats Fernandez received were not on account of a protected ground. See Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir.2001) (personal retribution is not persecution on account of a protected ground). Substantial evidence also supports the IJ’s finding that Fernandez failed to show that the government is unable or unwilling to control his alleged persecutor. See Nahrvani v. Gonzales, 399 F.3d 1148, 1154 (9th Cir.2005). In addition, substantial evidence supports the IJ’s finding that Fernandez failed to establish that his fear of future persecution was objectively…

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