Familar

Familar v. Gonzales

Good Law
202 F. App'x 997
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 05-71819California262 words

Opinion

Lead Opinion

MEMORANDUM **

Arcadio Cabierte Familar, a native and citizen of the Philippines, 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 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 Id’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 Familar is not eligible for asylum. The unfulfilled threats and “blacklisting” directed at Familar by the New People’s Army do not constitute past persecution or form an adequate basis for a well-founded fear of future persecution. See Hoxha v. Ashcroft, 319 F.3d 1179, 1182 (9th Cir.2003); Quintanilla-Ticas v. INS, 783 F.2d 955, 957 (9th Cir.1986).

Because Familar failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d 955, 960-61 (9th…

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