U.S. Court of Appeals for the Ninth Circuit, 2011

Frody Acevedo-Gudiel v. Eric H. Holder Jr.

Frody Acevedo-Gudiel v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 27, 2011 · Pregerson, Thomas, Paez
434 F. App'x 714

Frody Acevedo-Gudiel v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Frody Herminio Acevedo-Gudiel and Herminio Antonio Acevedo-Perez, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny in part and grant in part the petition for review as to Acevedo-Gudiel, and we remand his claims to the BIA for further proceedings. By separate order, we open a new petition for review as to Acevedo-Perez and transfer his claims to that separate petition for review.

Substantial evidence supports the agency’s conclusion that Acevedo-Gudiel did not suffer past persecution based on his mistreatment, including threats, by gang members. See Lim v. Immigration and *715 Naturalization Service, 224 F.3d 929, 936-37 (9th Cir. 2000). As Acevedo-Gudiel has not established past persecution, he is not entitled to a presumption of future persecution. See 8 C.F.R. § 1208.13(b)(1); Mo-lina-Estrada v. Immigration and Naturalization Service, 293 F.3d 1089, 1096 (9th Cir. 2002). With respect to future persecution, the agency did not consider Acevedo-Gudiel’s claim based on his imputed political opinion. See Sagaydak v. Gonzales, 405 F.3d 1035, 1040 (9th Cir. 2005) (agency may not ignore arguments raised by a petitioner). Accordingly, we deny in part and grant in part the petition for review as to Acevedo-Gudiel, A097-340345, and remand his asylum and withholding of removal claims for further proceedings. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

By separate order filed concurrently with this disposition, we have opened a new petition for review as to Herminio Antonio Acevedo-Perez, A070-076-043, and transferred his claims to that petition: No. 11-71496.

.The docket is closed as to No. 08-74861.

Each party shall bear its own costs for this petition for review.

PETITION FOR REVIEW DENIED in part; GRANTED in part; REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.