Soto

Soto v. Mukasey

Good Law
276 F. App'x 609
United States Court of Appeals for the Ninth CircuitMay 1, 2008Nos. 06-71075, 06-75035California772 words

Opinion

Lead Opinion

MEMORANDUM **

Pedro Enrique Alamos Soto, a native and citizen of Chile, petitions for review of two decisions by the Board of Immigration Appeals (BIA). In No. 06-71075, the BIA affirmed the decision of an immigration judge (IJ) denying Soto’s application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Soto’s wife and two children filed derivative applications. In No. 06-75035, the BIA denied Soto’s motion to reopen, which alleged ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the consolidated petition for review.

I. Petition No. 06-71075

We review both the IJ’s and the BIA’s decisions, because the BIA performed its own review of the record and incorporated the IJ’s decision. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). We review for substantial evidence, upholding the decisions unless compelled to conclude to the contrary. See 8 U.S.C. § 1252 (b)(4)(B).

Substantial evidence supports the conclusion that Soto did not demonstrate past persecution or a well-founded fear of future persecution based on a protected ground. See Cruz-Navarro v. INS, 232 F.3d 1024, 1028 (9th…

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