Rodriguez Maltez v. Holder

Good Law
320 F. App'x 670
United States Court of Appeals for the Ninth CircuitMarch 26, 2009No. 06-74258California332 words

Opinion

Lead Opinion

MEMORANDUM **

Rolando Rodriguez Maltez, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Re *672 viewing for substantial evidence, Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998), we deny the petition for review.

Substantial evidence supports the IJ’s denial of asylum. See id. Rodriguez Maltez failed to establish that the stoning of his home and the appearance of his name on a list rose to the level of persecution, see id. at 967-69 , or that the government was unable or unwilling to control those who harassed him, see Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005). Substantial evidence further supports the finding that Rodriguez Maltez’s return trips to Nicaragua undercut his well-founded fear of persecution, see Loho v. Mukasey, 531 F.3d 1016, 1017-18 (9th Cir.2008), and that his fear of returning to Nicaragua stems from the dire economic situation there. Thus, his asylum claim…

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