Umul Vicente v. Gonzales

Good Law
237 F. App'x 239
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 06-70610California258 words

Opinion

Lead Opinion

MEMORANDUM **

Enma Sudemi Umul Vicente, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ order summarily affirming an Immigration Judge’s (“IJ”) denial of her application for asylum and withholding of removal.

We cannot address Umul Vicente’s claim under the Nicaraguan Adjustment and Central American Relief Act and her claim for humanitarian asylum relief because they were not exhausted below. See Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004).

We have jurisdiction to review Umul Vicente’s remaining claims under 8 U.S.C. § 1252 . We deny the petition for review.

Even assuming that Umul Vicente is credible, substantial evidence supports the IJ’s determination that she did not demonstrate past persecution or a well-founded fear of future persecution on account of an enumerated ground. See Sangha v. INS, 103 F.3d 1482, 1486-87 (9th Cir.1997). Substantial evidence also supports the IJ’s determination that Umul Vicente’s claim of well-founded fear was further undermined by the unharmed presence of her similarly situated family members in Guatemala. See Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001). Accordingly, Umul…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.