Pablo

Pablo v. Gonzales

Good Law
210 F. App'x 695
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 05-74414California270 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Calmo Pablo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition.

Substantial evidence supports the IJ’s conclusion that Calmo Pablo did not establish that he either was persecuted or has a well-founded fear that he will be persecuted on account of his race or his membership in a particular social group. See Pedro-Mateo v. INS, 224 F.3d 1147, 1150-51 (9th Cir.2000) (concluding that the alien failed to establish that guerillas targeted him on account of a protected ground). Therefore, substantial evidence supports the IJ’s denial of asylum. See id.

Because Calmo Pablo failed to establish eligibility for asylum, he necessarily failed to establish the more stringent standard for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d 1245, 1255 (9th Cir…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.