Gonzalez v. Ashcroft
Gonzalez v. Ashcroft
Opinion of the Court
MEMORANDUM
Gloria Amparo Rosales Gonzalez, a native citizen of Guatemala, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision to deny her application for asylum and withholding of removal under 8 U.S.C. § 1231(b)(3)(A). We have jurisdiction over this timely filed petition pursuant to 8 U.S.C. § 1252(a). We deny the petition for review.
Rosales Gonzalez contends that she was persecuted in May of 1991 when she was assaulted by two Guatemalan rebels near her hometown of Chiquimilla. She further contends that she fears future persecution if she is returned to Guatemala. “We review the BIA’s decision that an alien has not established eligibility for asylum to determine whether it is supported by substantial evidence.” Wang v. Ashcroft, 341 F.3d 1015, 1019-20 (9th Cir. 2003). Where the BIA has adopted the IJ’s reasoning without opinion, we review the IJ’s decision under the same standard. Id. at 1020.
Rosales Gonzalez’s testimony, while credible, does not establish that she was eligible for asylum because there is no evidence that she suffered past persecution. See I.N.A. § 101(a)(42)(A), 8 U.S.C § 1101(a)(42)(A). She testified that the men stole documents from her, including her identification papers and told her to “leave the country.” She does not allege that she was physically harmed. She
Additionally, Rosales Gonzalez did not establish that she has a well-founded fear of future persecution. She testified that she fears that she will be subjected to future persecution if she is returned to Guatemala based on the situation in her country, including kidnaping and assaults generally, as well as an assault on her mother in 1994 where other assailants took her mother’s identification papers and asked the whereabouts of Rosales Gonzalez. The IJ’s conclusion that Rosales Gonzalez generalized fear of criminal activity in Guatemala does not establish a “well-founded fear” for asylum purposes is supported by substantial evidence. Hakeem v. INS, 273 F.3d 812, 816 (9th Cir. 2001).
Because Rosales Gonzalez did not meet the lesser burden of establishing her eligibility for asylum, she necessarily failed to meet the more stringent “clear probability” burden required for withholding of deportation. Ernesto Navas v. INS, 217 F.3d 646, 655 (9th Cir. 2000).
PETITION DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.