Quintero

Quintero v. Gonzales

Good Law
187 F. App'x 743
United States Court of Appeals for the Ninth CircuitJune 30, 2006No. 03-74362; Agency Nos. A79-526-661, A79-526-662California1,195 words

Opinion

Lead Opinion

MEMORANDUM **

John Quintero and his wife, Bibiana Patricia Velez, 1 natives and citizens of Colombia, petition for review of an order of the Board of Immigration Appeals (“BIA”), summarily affirming an immigration judge’s (“IJ”) decision to deny their applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We dismiss in part and deny in part the petition for review.

We review for substantial evidence the determination that a petitioner has failed to establish eligibility for asylum or withholding of removal, and must uphold the IJ’s findings unless the evidence “not only supports, but compels a contrary conclusion.” Karouni v. Gonzales, 399 F.3d 1163, 1170 (9th Cir.2005); INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. *745 812 , 117 L.Ed.2d 38 (1992). Where, as here, no explicit adverse credibility finding was made, “we must assume the applicant’s factual contentions are true.” Navas v. INS, 217 F.3d 646 , 652 n. 3 (9th Cir.2000).

Substantial evidence supports the IJ’s determination that Quintero failed to show he was persecuted “on account of’ a protected ground, including membership in a particular social group and…

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