Rivera-Mejicanos v. Holder

U.S. Court of Appeals for the Fifth Circuit
Rivera-Mejicanos v. Holder, 327 F. App'x 522 (5th Cir. 2009)

Rivera-Mejicanos v. Holder

Opinion

PER CURIAM: *

Alma Victoria Rivera-Mejicanos and Cristopher A. Rivera, natives and citizens of Guatemala, have filed a petition for review of the Board of Immigration Appeals’ (BIA) order denying their application for withholding of removal.

The petitioners argue that they are eligible for withholding for removal because they experienced past persecution and have a well-founded fear of future persecution. This court reviews the BIA’s rulings of law de novo and its findings of fact, including its findings regarding withholding of removal, for substantial evidence. Zhu v. Gonzales, 493 F.3d 588, 594 (5th Cir. 2007). Under the substantial evidence standard, this court may not reverse the BIA’s factual findings unless the evidence compels a contrary conclusion. Id.

The record does not compel a conclusion contrary to the BIA’s finding that the petitioners did not demonstrate past persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion. See id. at 596-97; 8 C.F.R. § 1208.16(b)(1). The record also does not compel a conclusion contrary *523 to the BIA’s finding that the petitioners did not meet their burden of proof establishing that it was more likely than not that they would be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion if they returned to Guatemala. See 8 C.F.R. § 1208.16(b)(2); cf. Zhu, 493 F.3d at 597. Accordingly, the petition for review is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Alma Victoria RIVERA-MEJICANOS; Cristopher A. Rivera, Petitioners v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent
Status
Unpublished