Rosendo Martinez v. ERIC H. HOLDER Jr., Attorney General

07-71572Court of Appeals for the Ninth CircuitDec 28, 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 concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
KAD/Research 1
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSENDO MARTINEZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71572
Agency No. A072-692-604
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Rosendo Martinez, a native and citizen of Guatemala, petitions for review of
the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s (“IJ”) decision denying his application for asylum. We have jurisdiction
FILED
DEC 28 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

KAD/Research 07-71572 2
pursuant to 8 U.S.C. § 1252. We review for substantial evidence, Lim v. INS, 224
F.3d 929, 933 (9th Cir. 2000), and we deny the petition for review.
Substantial evidence supports the IJ’s determination that Martinez failed to
establish past persecution because the threats he faced do not rise to the level of
persecution. See id. at 936.
Substantial evidence also supports the IJ’s finding that Martinez does not
have a well-founded fear of future persecution, particularly in light of Martinez’
lack of active support for the guerillas or the government, and the signing of the
1996 Peace Accords. See Belayneh v. INS, 213 F.3d 488, 491 (9th Cir. 2000).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.