Rodas

Rodas v. Gonzales

Good Law
211 F. App'x 588
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-77081California371 words

Opinion

Lead Opinion

MEMORANDUM **

Floricelda Angelina Rodas Rodas, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction it is conferred by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997), we deny in part and dismiss in part the petition for review.

Even if Rodas Rodas is credible, substantial evidence supports the agency’s determination that she failed to establish that the anonymous threats to her family, and her father’s kidnapping by unknown individuals, were motivated by political opinion or any other protected ground. See Sangha, 103 F.3d at 1487 (a petitioner cannot establish a nexus to political opinion by inference “unless the inference is one that is clearly to be drawn from the facts in evidence” and that persecution by anti-government guerrillas may not, “from that fact alone, be presumed to be ‘on account of political opinion”). Contrary to Rodas…

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