Sontay-Santay

Sontay-Santay v. Holder

Good Law
330 F. App'x 667
United States Court of Appeals for the Ninth CircuitMay 22, 2009No. 06-73448California288 words

Opinion

Lead Opinion

MEMORANDUM **

Ubaldo Sontay-Santay, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from 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 . Reviewing for substantial evidence, Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir.2005), we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Sontay-Santay failed to establish past persecution. See id. at 1153-54 (record did not compel conclusion that threats petitioner received constituted persecution); see also Movsisian v. Ashcroft, 395 F.3d 1095, 1097 (9th Cir.2005) (“[Fjorced conscription or punishment for evasion of military duty generally does not constitute persecution on account of a protected ground.”). Substantial evidence also supports the IJ’s conclusion that Sontay-Santay failed to establish he has a well-founded fear of persecution. See Aruta v. INS, 80 F.3d 1389, 1395-96 (9th Cir.1996) (petitioner’s well-founded fear of persecution was undermined because similarly…

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