Argueta-Hernandez

Argueta-Hernandez v. Holder

Good Law
346 F. App'x 210
United States Court of Appeals for the Ninth CircuitSeptember 22, 2009No. 05-74214California381 words

Opinion

Lead Opinion

MEMORANDUM **

Ezequiel Arnoldo Argueta-Hernandez petitioned for review of the order denying his application for asylum and withholding of removal. We deny his petition for review.

Argueta-Hernandez sought asylum and withholding of removal because of persecution in El Salvador on account of his religious beliefs. We must uphold the denial of asylum and withholding of removal if the agency decision is “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Argueta-Hernandez must show not only that the evidence supports the conclusion that he suffered persecution or has a well-founded fear of persecution on account of a protected ground, but that the evidence compels that conclusion. SinghKaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999); Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996). Where, as here, the Immigration Judge finds the applicant’s testimony to be credible, we accept his testimony as true and undisputed. Ramos-Lopez v. Holder, 563 F.3d 855, 858 (9th Cir.2009).

There is no evidence in the record to compel the conclusion that Argueta-Hernandez…

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