Erick Estuardo Ajanel- Sanchez; v. ERIC H. HOLDER Jr., Attorney General

07-71385Court of Appeals for the Ninth CircuitJan 5, 2010

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).
EN/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERICK ESTUARDO AJANEL-
SANCHEZ; et al.,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71385
Agency Nos. A073-219-305
A076-674-012
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.
Erick Estuardo Ajanel-Sanchez, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s (“IJ”) decision denying his application for asylum and
FILED
JAN 05 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We
review for substantial evidence. Lata v. INS, 204 F.3d 1241, 1244 (9th Cir. 2000).
We deny the petition for review.
We conclude that the IJ’s nexus determination is not supported by
substantial evidence because the guerillas threatened to kill Ajanel-Sanchez based
on their belief that he supported the military. See Navas v. INS, 217 F.3d 646, 656-
57 (9th Cir. 2000).
Even assuming Ajanel-Sanchez suffered past persecution, his presumption
of well-founded fear is rebutted by changed country conditions. See
Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 997-98 (9th Cir. 2003).
Accordingly, Ajanel-Sanchez’s asylum and withholding of removal claims fail.
PETITION FOR REVIEW DENIED.

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