Gutierrez Avelar v. Holder

Good Law
313 F. App'x 961
United States Court of Appeals for the Ninth CircuitFebruary 27, 2009No. 07-74225California230 words

Opinion

Lead Opinion

MEMORANDUM **

*962 Ena Elizabeth Gutierrez Avelar, a native and citizen of El Salvador, petitions pro se for review of a Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief 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 deny the petition for review.

Substantial evidence supports the IJ’s denial of asylum because Gutierrez Avelar failed to meet her burden of demonstrating past persecution or a well-founded fear of future persecution on account of a protected ground. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir.2003).

Because Gutierrez Avelar did not establish asylum eligibility, it necessarily follows that she did not satisfy the more stringent standard for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.2006).

Substantial evidence supports the IJ’s denial of CAT relief because Gutierrez Avelar failed to show it is more likely than not that she will be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.