Velasquez-Andres

Velasquez-Andres v. Gonzales

Good Law
226 F. App'x 683
United States Court of Appeals for the Ninth CircuitMarch 16, 2007Nos. 05-72778, 05-75894California361 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated cases, Leon Velasquez-Andres, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”) (No. 05-72778) and denying his motion to reopen (No. 05-75894). We have jurisdiction under 8 U.S.C. § 1252 . We review due process claims de novo, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001), factual findings for sub *685 stantial evidence, Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000), and the denial of a motion to reopen for abuse of discretion. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petitions for review.

First, Velasquez-Andres’ contention that the agency violated his due process rights by not recognizing the presumption of a well-founded fear of future persecution is not supported by the record.

Second, the agency properly conducted an individualized analysis to determine that country conditions in Guatemala had changed to rebut any presumption of a well-founded fear of persecution. See…

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