Roman

Roman v. Mukasey

Good Law
271 F. App'x 614
United States Court of Appeals for the Ninth CircuitMarch 25, 2008No. 06-73438California350 words

Opinion

Lead Opinion

MEMORANDUM **

Elviz Arturo Morales Roman, 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 (“U”) decision denying his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”) *615 and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 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 finding that in light of changed country conditions in Guatemala and the generalized nature of his fear, Roman did not establish a well-founded fear of persecution. See Molina-Estrada v. INS, 293 F.3d 1089, 1095-96 (9th Cir.2002).

Because Roman 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 Cir.2003). Substantial evidence also supports the IJ’s denial of CAT relief because Roman failed to show it is more likely than not that he would be tortured…

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