Estrada-Saenz

Estrada-Saenz v. Gonzales

Good Law
234 F. App'x 582
United States Court of Appeals for the Ninth CircuitJune 13, 2007No. 05-74756California268 words

Opinion

Lead Opinion

MEMORANDUM **

Roberto Jose Estrada-Saenz, a native and citizen of Nicaragua, petitions pro se for review of the Board of Immigration Appeals’ decision summarily affirming the 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 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition.

Substantial evidence supports the IJ’s conclusion that Estrada-Saenz did not establish past persecution because the single vague threat that Estrada-Saenz received from his neighbors does not rise to the level of past persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000). Moreover, substantial evidence supports the IJ’s finding that Estrada-Saenz’s fear of future persecution is objectively unreasonable because his fear of future harm is too speculative, and he was able to live in Nicaragua without incident for approximately ten years following the threat. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.2003).

Because Estrada-Saenz failed to establish…

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