Rodas Lopez v. Ashcroft
Opinion of the Court
MEMORANDUM
Irma Mirtala Rodas Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (BIA) summary affirmance of an immigration judge’s (IJ) denial of her application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence, see Meza-Manay v. INS, 139 F.3d 759, 762 (9th Cir. 1998), and we deny the petition for review.
Even assuming that Rodas Lopez established past persecution, the IJ properly relied on a Guatemala Country Report, submitted by the government, to determine that conditions in Guatemala have changed such that Rodas Lopez’s fear of future persecution is not objectively reasonable. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 997-98 (9th Cir. 2003) (citations omitted).
Because Rodas Lopez failed to establish eligibility for asylum, it follows that she failed to satisfy the more stringent standard for withholding of removal. See Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir. 2000).
Pursuant to Desta v. Ashcroft, 365 F.3d 741 (9th Cir. 2004), petitioner’s motion for stay of removal included a timely request for stay of voluntary departure. Because
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
- Irma Mirtala RODAS LOPEZ v. John ASHCROFT, Attorney General
- Cited By
- 1 case
- Status
- Published