Rivera-Gomez

Rivera-Gomez v. Gonzales

Good Law
180 F. App'x 719
United States Court of Appeals for the Ninth CircuitMay 18, 2006No. 04-71593California408 words

Opinion

Lead Opinion

MEMORANDUM **

Elsa Felicita Rivera-Gomez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals order affirming an immigration judge’s (“U”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the agency’s determination that a petitioner has failed to demonstrate eligibility for asylum, Gu v. Gonzales, 429 F.3d 1209, 1212-13 (9th Cir. 2005), and review de novo due process claims, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the agency’s determination that Rivera-Gomez failed to establish eligibility for asylum or withholding of removal. Rivera-Gomez provided only vague testimony about her family being targeted by guerillas, and admitted that her immediate family was never physically harmed. She also testified that her two children remain in El Salvador, unharmed. Based on this evidence, a reasonable factfinder would not be compelled to conclude that Rivera-Gomez established eligibility for asylum or withholding of…

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