Mendez

Mendez v. Gonzales

Good Law
229 F. App'x 528
United States Court of Appeals for the Ninth CircuitApril 24, 2007No. 05-76859California340 words

Opinion

Lead Opinion

MEMORANDUM **

Honorio Simai Reyes Mendez, and his wife, Fledida Feby Calderon, natives and citizens of Guatemala, petition for review of a Board of Immigration Appeals (“BIA”) decision that summarily affirmed the ruling of an Immigration Judge (“IJ”) denying their application for asylum and *529 withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 .

Where, as here, the BIA affirms the IJ’s decision without opinion, the IJ’s decision becomes the BIA’s decision. Gormley v. Ashcroft, 364 F.3d 1172, 1176 (9th Cir. 2004). We review for substantial evidence, see Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition in part, grant it in part, and remand.

The IJ found that Reyes Mendez had not suffered past persecution and that he had not demonstrated a well-founded fear of future persecution. These findings are supported by substantial evidence, because Reyes Mendez testified he had never been harmed or threatened by guerillas in the past, see Nahrvani v. Gonzales, 399 F.3d 1148, 1153 (9th Cir.2005) (defining persecution as requiring the infliction of suffering or harm), and he presented no direct and specific evidence that would support a…

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