Diaz-Vicente

Diaz-Vicente v. Gonzales

Good Law
182 F. App'x 682
United States Court of Appeals for the Ninth CircuitMay 19, 2006No. 04-75750; Agency No. A76-847-036California490 words

Opinion

Lead Opinion

MEMORANDUM **

Isaias Miguel Diaz-Vicente, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), we deny in part and dismiss in part the petition for review.

Diaz-Vicente testified that guerrillas in Guatemala wanted to kill his father because his father was a member of the military and that the guerrillas twice confronted Diaz-Vicente and threatened to kill him if they learned that he had lied to them about his father’s whereabouts. The record does not compel the conclusion that the threats against Diaz-Vicente constituted past persecution, or that the threats were linked to a protected ground. See id., 224 F.3d at 936 (holding that “[t]hreats standing alone ... constitute past persecution in only a small category of cases, and only when the threats are so menacing as to cause significant…

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