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292 F. App'x 577

Rodriguez v. Mukasey

U.S. Courts of Appeals

Decided September 8, 2008

U.S. Courts of Appeals · decided 2008-09-08

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Ghaly v. Immigration & Naturalization Service · Castro-Perez v. Gonzales

Decided 2008-09-08

¶1MEMORANDUM …

¶2Cesar Giovanni Mejia Rodriguez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review factual findings for substantial evidence, Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995), and deny the petition for review.

¶3Substantial evidence supports the BIA’s determination that Mejia Rodriguez was ineligible for asylum because he has not shown -that the incidents that occurred were done by the government or forces the government was unable or unwilling to control. See Castro-Perez v. Gonzales, 409 F.3d 1069, 1072 (9th Cir.2005). Accordingly, Mejia Rodriguez failed to establish eligibility for asylum.

¶4Because Mejia Rodriguez cannot meet his burden to demonstrate eligibility for asylum, he necessarily fails to meet the more stringent standard for withholding of removal. See Ghaly, 58 F.3d at 1429.

¶5PETITION FOR REVIEW DENIED.

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

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