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367 F. App'x 820

Rodriguez-Luz v. Holder

U.S. Courts of Appeals

Decided February 25, 2010

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U.S. Courts of Appeals · decided 2010-02-25

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

Relies on Melencio Legui Lim v. Immigration and Naturalization Service · Carlos Molina-Morales v. Immigration and Naturalization Service · Azanor v. Ashcroft

Decided 2010-02-25

¶1 MEMORANDUM …

¶2 Edilson Rodriguez-Luz Jr., a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial *821 evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), and we deny the petition for review.

¶3 Substantial evidence supports the agency’s finding that Rodriguez-Luz failed to establish he was persecuted on account of a protected ground, see Molina-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir.2001) (personal retribution is not persecution on account of a protected ground), and the agency’s finding Rodriguez-Luz failed to show he was or would be persecuted by the Brazilian government or by persons the government was unwilling or unable to control, see Castro-Perez v. Gonzales, 409 F.3d 1069, 1071-72 (9th Cir.2005). Accordingly, Rodriguez-Luz’s asylum claim fails. See id. at 1072.

¶4 Because Rodriguez-Luz failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See id.

¶5 Substantial evidence also supports the agency’s denial of CAT relief because Rodriguez-Luz did not establish a likelihood of torture by, at the instigation of, or with the consent or acquiescence of the Brazilian government. See Azanor v. Ashcroft, 364 F.3d 1013, 1019 (9th Cir.2004).

¶6 PETITION FOR REVIEW DENIED.

…

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

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