Alves

Alves v. Gonzales

Good Law
185 F. App'x 686
United States Court of Appeals for the Ninth CircuitJune 20, 2006No. 05-70255California341 words

Opinion

Lead Opinion

MEMORANDUM **

Marcio Evaristo Alves, a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals (“BIA”) order summarily affirming the Immigration Judge’s (“IJ”) order denying Alves’ applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . Where the BIA affirms without opinion, the IJ’s decision becomes the final agency determination and we review it as we would a decision of the BIA. Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004). We review the agency’s factual findings for substantial evidence, and reverse such findings only if “the evidence not only supports that conclusion, but compels it.” INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (emphasis in original); 8 U.S.C. § 1252 (b)(4)(B). We deny the petition for review.

Alves testified that his motorcycle was stolen in June of 1998, and that he confronted a man in September and December of 1998 who he believed was responsible for the theft. Alves stated that, beginning in December of 2000, he was followed home by two men, received threatening phone calls at his home, and was later assaulted by the man he confronted…

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