Santos

Santos v. Holder

Good Law
338 F. App'x 701
United States Court of Appeals for the Ninth CircuitJuly 24, 2009No. 08-71143California294 words

Opinion

Lead Opinion

MEMORANDUM **

Jose A. Chalin Santos, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Tor *702 ture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Substantial evidence supports the agency’s denial of asylum because petitioner failed to demonstrate that the incidents of attempted forced recruitment by guerillas established past persecution or a well-founded fear of future persecution on account of political opinion, real or imputed. See id. at 481-84 , 112 S.Ct. 812 . Further, substantial evidence supports the agency’s conclusion that, because country conditions had changed, petitioner did not show a well-founded fear of future persecution if he returned to Guatemala. See Molina-Estrada v. INS, 293 F.3d 1089, 1095-96 (9th Cir.2002).

Because petitioner failed to establish eligibility for asylum, he necessarily…

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