Mendoza-Vasquez

Mendoza-Vasquez v. Gonzales

Good Law
211 F. App'x 615
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 03-73537California237 words

Opinion

Lead Opinion

MEMORANDUM **

Randolph Mendoza-Vasquez, a native and citizen of Guatemala, petitions for re *616 view of the Board of Immigration Appeals’ (“BIA”) opinion which summarily affirmed the Immigration Judge’s (“IJ”) denial of his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 .

Mendoza-Vasquez contends that the IJ erred by failing to find that he was eligible for withholding because he showed a clear probability of persecution on the basis of political opinion. Substantial evidence supports the IJ’s conclusion that Mendoza-Vasquez was not eligible for withholding because the incidents involving the narco traffickers were not based on an enumerated ground. See Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir.2001); INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Mendoza-Vasquez failed to establish a CAT claim because he did not show that it is more likely than not that he will be tortured if he returned to Guatemala. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003).

Finally, we reject Mendoza-Vasquez’s contention that the BIA erred by summarily…

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