Marco Antonio Chavez Lozoya; Ana Maria Reyes Rojo v. ERIC H. HOLDER Jr., Attorney General

06-75350Court of Appeals for the Ninth CircuitDec 14, 2009

Full text

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
KS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCO ANTONIO CHAVEZ
LOZOYA; ANA MARIA REYES ROJO,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-75350
Agency Nos. A095-445-442
A095-445-443
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Marco Antonio Chavez Lozoya and Ana Maria Reyes Rojo, natives and
citizens of Mexico, petition for review of the Board of Immigration Appeals’
(“BIA”) order affirming an immigration judge’s decision denying Chavez
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Lozoya’s application for cancellation of removal and voluntary departure, and
Reyes Rojo’s application for withholding of removal. We have jurisdiction under
8 U.S.C. § 1252. Reviewing for substantial evidence factual findings, Silaya v.
Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), we deny the petition for review.
Substantial evidence supports the BIA’s determination that Chavez
Lozoya’s false testimony was motivated in part by a desirable outcome in his
immigration proceedings, barring him from establishing the good moral character
required for cancellation of removal. See 8 U.S.C. § 1101(f)(6); Ramos v. INS, 246
F.3d 1264, 1266 (9th Cir. 2001).
Even assuming Reyes Rojo’s membership in a social group, substantial
evidence supports the BIA’s determination that she failed to demonstrate that she
has a well-founded fear of persecution. See Rostomian v. INS, 210 F.3d 1088,
1089 (9th Cir. 2000) (general civil strife or widespread random violence is not
sufficient to demonstrate a well-founded fear of persecution). Because Reyes Rojo
failed to meet the lesser standard for eligibility for asylum, she necessarily failed to
establish eligibility for withholding of removal. See id.
PETITION FOR REVIEW DENIED.

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