Borges-De Olivera v. Gonzales

Good Law
195 F. App'x 600
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-72320California317 words

Opinion

Lead Opinion

MEMORANDUM **

Divino Cicero Borges-De Olivera (“Borges”), a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion the Immigration Judge’s (“IJ”) order denying Borges’ applications for asylum, withholding of removal and *601 protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review the agency’s factual findings for substantial evidence, and reverse only if the evidence compels a contrary finding. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review in part, and dismiss it in part.

Borges testified that he and his family received several anonymous telephone calls threatening his life, and the lives of his wife and three children, if he did not join a criminal gang involved in stealing cars and drug trafficking in Brazil. Contrary to Borges’ contention, neither his testimony nor any other evidence in the record compels the conclusion that he was or would be targeted, even in part, because of his political opinion, real or imputed, or his familial association. See…

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