Miranda-Morales

Miranda-Morales v. Gonzales

Good Law
204 F. App'x 713
United States Court of Appeals for the Ninth CircuitDecember 29, 2006No. 05-71113California288 words

Opinion

Lead Opinion

MEMORANDUM **

Darvin Guillermo Miranda-Morales (Miranda-Morales), a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s *714 (“U”) denial of his application for withholding of removal, protection under the Convention Against Torture (“CAT”), and his request for voluntary departure.

We lack jurisdiction to review the BIA’s discretionary denial of Miranda-Morales’ request for voluntary departure. See 8 U.S.C. § 1229c(f); see also Oropeza-Wong v. Gonzales, 406 F.3d 1135, 1141 (9th Cir. 2005).

We have jurisdiction over the remaining claims under 8 U.S.C. § 1252 . Where the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions. Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence, see INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the remaining claims.

Substantial evidence supports the BIA’s denial of withholding of removal because Miranda-Morales failed to establish a clear probability of persecution in Guatemala on account of a protected ground. See id. at 482-83 , 112 S.Ct. 812 ;…

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