Martinez

Martinez v. Gonzales

Good Law
243 F. App'x 264
United States Court of Appeals for the Ninth CircuitJuly 16, 2007No. 06-70564California325 words

Opinion

Lead Opinion

MEMORANDUM **

Rosa Lilian Martinez, a Salvadoran native and citizen, petitions for review of a decision by the Board of Immigration Appeals. The Board dismissed Martinez’s appeal from the Immigration Judge’s (“IJ”) denial of an application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition.

The Board summarily affirmed the Immigration Judge’s (“IJ”) oral decision without opinion. We review the IJ’s decision as the final agency action. See Lanza v. Ashcroft, 389 F.3d 917, 925 (9th Cir.2004). We review whether the IJ’s conclusion that an applicant is ineligible for relief is supported by substantial evidence. See Zehatye v. Gonzales, 453 F.3d 1182, 1185 (9th Cir.2006). We will grant the petition only if the evidence compels a contrary conclusion. Id.

Substantial evidence supports the IJ’s conclusion that the guerillas who accosted Martinez were not motivated by one of the five protected statutory grounds. See 8 U.S.C. § 1158 (b)(1); see also Ochave v. INS, 254 F.3d 859, 865-66 (9th Cir.2001) (guerillas imputed no political opinion to rape victim).

Substantial evidence…

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