Arana-Santos

Arana-Santos v. Gonzales

Good Law
195 F. App'x 612
United States Court of Appeals for the Ninth CircuitJuly 31, 2006No. 05-74071California237 words

Opinion

Lead Opinion

MEMORANDUM **

Gerber Eduardo Arana-Santos, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an Immigration Judge’s order denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Prasad v. INS, 47 F.3d 336, 338-39 (9th Cir.1995), and we deny the petition for review.

Arana-Santos testified that he is afraid unknown individuals might murder or kid *613 nap him. Substantial evidence supports the IJ’s decision since generalized violence by unknown, individuals does not amount to persecution. See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004). Arana-Santos contends for the first time that he fears persecution “because his father was persecuted by the guerrillas.” We lack jurisdiction to consider the family-based contention since he did not raise it before the agency. See 8 U.S.C. § 1252 (d)(1).

Because Arana-Santos did not establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See id. at 340 . The remaining issue in Arana-Santos’ opening…

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