Martinez-Lopez

Martinez-Lopez v. Gonzales

Good Law
202 F. App'x 174
United States Court of Appeals for the Ninth CircuitSeptember 15, 2006No. 04-76528California297 words

Opinion

Lead Opinion

MEMORANDUM **

Walter Enrique Martinez-Lopez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ decision summarily affirming an Immigration Judge’s (“U”) denial of his application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition.

Substantial evidence supports the IJ’s conclusion that Martinez-Lopez did not establish past persecution or a well-founded fear of future persecution. The single incident in which Martinez-Lopez and the other members of his church were threatened by guerillas was at most an attempt at recruitment, and does not constitute persecution. See id. at 482 , 112 S.Ct. 812 . Moreover, Martinez-Lopez remained in El Salvador for three years after the encounter without further incident, undermining his claim of a well-founded fear of future persecution. See Lata v. INS, 204 F.3d 1241,…

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