Herrera-Molina

Herrera-Molina v. Gonzales

Good Law
227 F. App'x 688
United States Court of Appeals for the Ninth CircuitApril 18, 2007No. 05-70071California358 words

Opinion

Lead Opinion

MEMORANDUM **

Fermín Herrera-Molina, a native and citizen of Colombia, petitions for review of an order of the Board of Immigration Appeals summarily affirming an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), we deny the petition.

Substantial evidence supports the IJ’s determination that Herrera-Molina failed to present sufficient evidence to establish past persecution or a well-founded fear of future persecution on account of any of the five protected grounds. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Herrera-Molina’s reliance on prior nonviolent encounters with guerrillas as evidence of past persecution is unavailing. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (holding that threats standing alone generally do not constitute past persecution). Additionally, substantial evidence supports the determination that Herrera-Molina’s belief regarding why the guerrillas confronted him is too…

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