Santos-Quinteros

Santos-Quinteros v. Gonzales

Good Law
181 F. App'x 645
United States Court of Appeals for the Ninth CircuitMay 18, 2006No. 04-73633California414 words

Opinion

Lead Opinion

MEMORANDUM **

Juana Santos-Quinteros, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals order summarily 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 juris *646 diction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the IJ’s factual determinations, Kasnecovic v. Gonzales, 400 F.3d 812, 813 (9th Cir.2005), and review de novo due process claims, Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We deny the petition for review.

Substantial evidence supports the IJ’s determination that Santos-Quinteros failed to establish eligibility for asylum because witnessing a gang-related murder does not constitute persecution on account of a statutorily protected ground. See Navas v. INS, 217 F.3d 646, 658 (9th Cir.2000), (noting that the incident must rise to the level of persecution, and must be “on account of’ a protected ground). Santos-Quinteros’s fear of future persecution is further undermined by her testimony that her aunt, who witnessed the same incident, continues to reside in…

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