Alvarez-Rios v. Ashcroft
Opinion of the Court
MEMORANDUM
Floridalma Alvarez-Rios, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the denial of asylum, and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. Lata v. INS, 204 F.3d 1241, 1244 (9th Cir. 2000). We deny the petition for review.
Although the U noted in passing that Alvarez-Rios’ testimony in some respects strained credulity, there was no ex
Because Alvarez-Rios failed to establish eligibility for asylum, she necessarily failed to meet the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Alvarez-Rios does not challenge the agency’s denial of CAT relief, and therefore that claim is waived. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996).
Pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th Cir. 2004), Alvarez-Rios’ motion for stay of removal included a timely request for stay of voluntary departure. Because the stay of removal was continued based on the government’s filing of a notice of non-opposition, the voluntary departure period was also stayed, nunc pro tunc, as of the filing of the motion for stay of removal and this stay will expire upon issue of the mandate.
PETITION FOR REVIEW 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.
Reference
- Full Case Name
- Floridalma ALVAREZ-RIOS v. John ASHCROFT, Attorney General
- Status
- Published