Perdomo

Perdomo v. Gonzales

Good Law
230 F. App'x 662
United States Court of Appeals for the Ninth CircuitApril 18, 2007No. 05-74346California352 words

Opinion

Lead Opinion

MEMORANDUM **

Jose David Rubiano Perdomo, his wife Hilda Beatriz Buitrago Avila, and their son Jose David Rubiano Buitrago, natives and citizens of Colombia, petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), we deny the petition.

Even assuming Perdomo was credible, substantial evidence supports the IJ’s and BIA’s determination that he failed to present sufficient evidence to establish past persecution or a well-founded fear of future persecution on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Perdomo’s reliance on prior threats from the guerrillas over the telephone 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, Perdomo did not…

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