Rodas-Escobar

Rodas-Escobar v. Gonzales

Good Law
180 F. App'x 721
United States Court of Appeals for the Ninth CircuitMay 18, 2006No. 04-71580California420 words

Opinion

Lead Opinion

MEMORANDUM **

Martina Ayde Rodas-Escobar, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals order affirming an immigration judge’s (“IJ”) 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 factual determination that a petitioner has failed to demonstrate eligibility for asylum, Ochave v. INS, 254 F.3d 859, 861-62 (9th Cir. 2001), 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 Rodas-Escobar failed to establish that she had been persecuted or that she had a well-founded fear of future persecution. Rodas-Escobar testified that her family had never been physically harmed by the guerillas, and that *722 she feared returning to El Salvador because she feared violence from criminal gangs. She also testified that her five children remain in El Salvador, unharmed. Based on this evidence, a reasonable fact-finder would not be compelled to conclude…

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