Davalos-Guitron

Davalos-Guitron v. Holder

Good Law
320 F. App'x 732
United States Court of Appeals for the Ninth CircuitMarch 30, 2009No. 06-73627California345 words

Opinion

Lead Opinion

MEMORANDUM **

Teresa Davalos-Guitron, a native and citizen of Mexico, petitions for review of *733 the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an immigration judge’s denial of her application for 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 and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Molina-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We deny the petition.

Substantial evidence supports the agency’s determination that a fundamental change in circumstances rebutted the presumption that Davalos-Guitron was eligible for withholding of removal. See 8 C.F.R. § 1208.16 (b)(l)(i)(A) (government may rebut presumption of a clear probability of future persecution with evidence of a fundamental change in circumstances such that applicant’s life or freedom would not be threatened). Davalos-Guitron’s contention that she is eligible for withholding of removal for humanitarian reasons fails because the discretionary relief available under 8 C.F.R. § 1208.13 (b)(l)(iii) only applies to requests for…

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