Funes
Funes v. Mukasey
Opinion
lead Opinion
MEMORANDUM *
Santos Rene Lopez Funes, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’s (BIA’s) decision affirming without opinion the Immigration Judge’s (IJ’s) decision denying Funes’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 and deny the petition for review.
Because the BIA adopted the IJ’s decision without opinion, we treat the IJ’s *695 decision as that of the BIA. See Tapia v. Gonzales, 430 F.3d 997, 999 (9th Cir.2005). We review factual determinations, including whether the petitioner is eligible for asylum, under the substantial evidence standard. Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993). We must uphold the decision unless the evidence compels a contrary result. Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999). Because the IJ found Funes to be credible, we accept his testimony as true. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004).
An applicant for asylum bears the burden of proving that he is unwilling or unable to return to his country of nationality “because of persecution or a…