Romero-Anton

Romero-Anton v. Holder

Good Law
324 F. App'x 579
United States Court of Appeals for the Ninth CircuitApril 20, 2009No. 05-73153California465 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Manuel Romero-Anton petitions for review of the denial of his applications for withholding of removal and cancellation of removal, and of the denial of the derivative applications of his family members. We have jurisdiction over the denial of withholding of removal under 8 U.S.C. *581 § 1252 , and we deny the petition in part. We lack jurisdiction over the denial of cancellation of removal, and we dismiss the petition in part.

First, the evidence is not such “that a reasonable factfinder would have to conclude” that Romero-Anton experienced past persecution. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Although Romero-Anton testified that men came to his home looking for him as a result of his involvement in the arrest of a narcotics trafficker in Mexico, Romero-Anton was not at home at the time of this visit and never suffered any physical harm. Moreover, apart from this single visit to his home, the record shows that Romero-Anton was never contacted, threatened, or sought out by these men again.

Second, Romero-Anton has failed to “establish that it is more likely than not that he ... would be persecuted” in…

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