Gabriel-Perez

Gabriel-Perez v. Gonzales

Good Law
210 F. App'x 723
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 05-70611California414 words

Opinion

Lead Opinion

MEMORANDUM **

Bernardino Gabriel-Perez, his wife, and son, natives and citizens of Mexico, petition for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming the Immigration Judge’s (“IJ”) order denying their applications for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see INS v. EliasZacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review. We review due process claims de novo. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003).

Substantial evidence supports the IJ’s conclusion that Gabriel-Perez failed to establish past persecution or a well-founded fear of future persecution on account of his status as a Jehovah’s Witness. The discrimination and harassment Gabriel- *725 Perez endured at the hands of civilian residents did not amount to persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-17 (9th Cir.2003) (discrimination and harassment of Ukrainian Pentecostal Christian did not rise to the level of persecution). Moreover, Gabriel-Perez’s wife’s parents continue to practice their faith openly-in Mexico…

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