Paez Torres v. Gonzales
Paez Torres v. Gonzales
Opinion of the Court
MEMORANDUM
Augusto Fernando Paez Torres, a native and citizen of Peru, petitions pro se for review of an order of the Board of Immigration Appeals affirming, without opinion, an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252. Reviewing for substantial evidence, Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir. 1997), we deny the petition for review.
Substantial evidence supports the IJ’s determination that Paez Torres did not establish past persecution or a well-founded fear of future persecution on account of his membership in a particular social group or his political opinion. Contrary to Paez Torres’s contention, the IJ was not required to draw an inference that the Shining Path guerrillas persecuted him at least in part on the basis of his political opinion or affiliation with an anti-communist political party solely on the basis of his extensive, visible involvement in that party. See id. (holding that a petitioner
Because Paez Torres failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d 955, 960-61 (9th Cir. 1996) (en banc).
In addition, Paez Torres’s CAT claim fails because substantial evidence supports the IJ’s determination that Paez Torres failed to establish that it is more likely than not that he would be tortured by the government, or with its acquiescence, upon return to Peru. See 8 C.F.R. § 208.16(c)(2); Zheng v. Ashcroft, 332 F.3d 1186, 1194-95 (9th Cir. 2003).
Paez Torres’s remaining contentions are without merit.
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 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.