Torres-Martinez

Torres-Martinez v. Gonzales

Good Law
198 F. App'x 655
United States Court of Appeals for the Ninth CircuitAugust 24, 2006No. 05-70932California308 words

Opinion

Lead Opinion

MEMORANDUM **

Hector Torres-Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Substantial evidence supports the IJ’s decision that petitioner failed to establish past persecution or a well-founded fear of future persecution. The only harm petitioner’s family experienced occurred in 1980 during the civil war and was based on the government’s interest in petitioner’s grandmother. Because petitioner’s testimony only established that his family was victimized by the civil war, and does not show that they were persecuted based on an enumerated ground, he fails to establish past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1017-18 (9th Cir.2003). Because petitioner’s grandmother died in 1986, and the Peace Accords were signed in 1992, he fails to show that he has…

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