Alvaro Sanchez-Garcia v. Eric Holder, Jr.

Good Law
514 F. App'x 680
United States Court of Appeals for the Ninth CircuitMarch 29, 201309-71753California436 words

Opinion

Opinion

ORDER

The petition for panel rehearing is granted. The memorandum disposition filed on November 16, 2012, is withdrawn. An amended memorandum disposition is being filed concurrently with this order.

Any additional petition for rehearing shall be filed within 45 days from the date the amended memorandum disposition is filed.

MEMORANDUM

Alvaro Yovani Sanchez-Garcia, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and for abuse of discretion the denial of a motion to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s finding that Sanchez-Garcia did not demonstrate past persecution or a well-founded fear of future persecution on account of a protected ground. See INS v.…

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