Palma-Platero

Palma-Platero v. Gonzales

Good Law
202 F. App'x 981
United States Court of Appeals for the Ninth CircuitOctober 28, 2006No. 05-74902California294 words

Opinion

Lead Opinion

MEMORANDUM **

Marlon Aleides Palma-Platero, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ decision summarily affirming an Immigration Judge’s (“IJ”) 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 Palma-Platero did not establish past persecution or a well-founded fear of future persecution. The incidents in which Palma-Platero was threatened by gang members were attempts at recruitment, and do not constitute persecution. See id. at 482 , 112 S.Ct. 812 . Moreover, Palma-Platero did not establish that the threats that he received were made by the government or forces that the government is unable or unwilling to control. See Nahrvani v. Gonzales, 399 F.3d 1148, 1153-54 (9th Cir.2005). Accordingly, he is not eligible for…

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