Ralios

Ralios v. Holder

Good Law
333 F. App'x 293
United States Court of Appeals for the Ninth CircuitOctober 1, 2009No. 06-75263California248 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Ralios and Andres Ralios Pol, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Mansour v. Ashcroft, 390 F.3d 667, 671 (9th Cir.2004), and deny the petition for review.

Substantial evidence supports the agency’s finding of no past persecution because the threats Ralios received generally did not constitute persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003). In the absence of past persecution, Ralios is not entitled to a presumption of a well-founded fear of future persecution and substantial evidence supports the agency’s finding that Ralios failed to show an objective basis for his fear of persecution given the current country conditions. See Molina-Estrada v. INS, 293 F.3d 1089, 1096 (9th Cir.2002). Accordingly, petitioners’ asylum claim fails.

Because Ralios has failed to demonstrate eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of…

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.