Ajiataz Mazariegos v. Gonzales

Good Law
204 F. App'x 697
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-74562California251 words

Opinion

Lead Opinion

MEMORANDUM **

Gregoria Floridalma Ajiataz Mazariegos, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming an Immigration Judge’s (“IJ”) order denying asylum. 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 for review.

Substantial evidence supports the IJ’s conclusion that Mazariegos did not establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. Id. at 481-482 , 112 S.Ct. 812 . Mazariegos’ claim centers on her father’s involvement with the National Police. Her father, however, as well as her four brothers, continue to reside in *698 Guatemala without incident and she has testified that neither she nor her family was politically active. See Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001) (holding that “an applicant’s claim of persecution upon return is weakened, even undercut, when similarly-situated family members…

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