Rosales

Rosales v. Mukasey

Good Law
255 F. App'x 224
United States Court of Appeals for the Ninth CircuitNovember 21, 2007No. 05-71482California302 words

Opinion

Lead Opinion

MEMORANDUM **

Marcos Israel Rosales, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals affirming an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review a denial of asylum for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s determination that Rosales failed to establish past persecution. Unfulfilled threats, without more, generally do not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000) (Threats may constitute persecution “when the threats are so menacing as to cause significant actual suffering or harm.”) (citation and quotation omitted).

*225 To the extent Rosales challenges the IJ’s finding that he did not establish a well-founded feai' of future persecution, we conclude that substantial evidence supports the IJ’s finding, in light of changed…

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