Santillana-Melendez

Santillana-Melendez v. Mukasey

Good Law
271 F. App'x 562
United States Court of Appeals for the Ninth CircuitMarch 24, 2008No. 04-75423California276 words

Opinion

Lead Opinion

MEMORANDUM **

Alex Oswaldo Santillana-Melendez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying asylum and withholding of removal. We review for substantial evidence the factual findings underlying the denial of asylum and withholding. Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995). We deny the petition for review.

The IJ’s finding that Santillana-Melen-dez failed to establish past persecution is supported by substantial evidence where he received only one anonymous telephone threat of kidnapping and was never physically harmed. See Lim v. INS, 224 F.3d 929, 936-37 (9th Cir.2000).

The agency’s finding that SantillanaMelendez failed to show a well-founded fear of persecution is supported by substantial evidence where Santillana-Melendez did not report the single threat of kidnapping to the police and did not show that the government is unwilling or unable to control the anonymous would-be kidnappers. See Ornelas-Chavez v. Gonzales, 458 F.3d 1052, 1058 (9th Cir.2006) (persecution need not be reported if alien can “convincingly establish”…

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.