Esteban

Esteban v. Mukasey

Good Law
280 F. App'x 631
United States Court of Appeals for the Ninth CircuitMay 28, 2008No. 05-76231California296 words

Opinion

Lead Opinion

*632 MEMORANDUM **

Enrique Eusebio Esteban, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the agency’s decision unless the evidence compels a contrary conclusion. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the BIA’s denial of withholding of removal because Eusebio Esteban has failed to demonstrate a likelihood of persecution. He has failed to show that he suffered harm rising to the level of past persecution. See Prasad v. INS, 47 F.3d 336, 338 (9th Cir. 1995). He has relatives who continue to live in his Guatemala without incident, which undermines his claim. See Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001). Finally, substantial evidence supports the BIA’s conclusion that Eusebio Esteban could avoid future harm by relocating to…

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