Escobar

Escobar v. Mukasey

Good Law
269 F. App'x 743
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 06-71290California277 words

Opinion

lead Opinion

MEMORANDUM **

Erick Alfonso Escobar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review for substantial evidence, see Gonzalez-Hernandez v. Ashcroft, 386 F.3d 995 , 998 (9th Cir.2003) and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s conclusion that the government rebutted the presumption that Escobar had a well-founded fear of future persecution by proving that country conditions in Guatemala changed significantly since his departure. See Gonzalez-Hernandez, 336 F.3d at 998. The agency’s analysis of how the 1996 peace accords in Guatemala affected Escobar’s specific situation was sufficiently individualized. See id. at 998-99.

Because Escobar failed to establish eligibility for asylum, he necessarily fails to meet the more stringent standard for withholding of removal. See Malhi v. INS, 336 F.3d 989, 993 (9th…

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Escobar · Ninth Circuit Court of Appeals · 2008 | Caselegis