Hernandez-Martinez v. Gonzales
Hernandez-Martinez v. Gonzales
Opinion of the Court
MEMORANDUM
Substantial evidence supports the BIA’s decision that petitioner failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. See INS v. Elias-Zacarias, 502 U.S. 478, 482-83, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). Because petitioner repeatedly testified that he came to the United States for work, and there was no evidence that he encountered harm on account of an enumerated ground, petitioner’s asylum claim fails. See id.
Because petitioner failed to demonstrate that he is eligible for asylum, he also fails to satisfy the more stringent standard for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d 1245, 1255 (9th Cir. 2003).
Petitioner failed to raise his CAT claim in his opening brief and waived this claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.