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Ailon-Escalante v. Gonzales

United States Court of Appeals, Ninth Circuit
Jun 17, 2005
135 F. App'x 112 (9th Cir. 2005)

Opinion

Submitted June 14, 2005.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Kaaren L. Barr, Esq., Seattle, WA, for Petitioners.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, WWS--District Counsel, Immigration and Naturalization Service, Office of the District Counsel, Seattle, WA, Barbara C. Biddle, Esq., DOJ--U.S. Department of Justice, Washington, DC, for Respondent.


On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A79-812-539, A79-812-527.

Before: KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Francisco and Susana Ailon-Escalante, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals' decision summarily affirming the immigration judge's ("IJ") denial of their applications for asylum. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence, see Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000), and we deny their petition.

Petitioners contend that the IJ erred in finding them ineligible for asylum. Substantial evidence supports the IJ's decision that the petitioners failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. See id. at 1151; INS v. Elias-Zacarias, 502 U.S. 478, 482-83, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992).

The voluntary departure period was stayed, and that stay will expire upon issuance of the mandate. See Desta v. Ashcroft, 365 F.3d 741 (9th Cir.2004).

PETITION FOR REVIEW DENIED.


Summaries of

Ailon-Escalante v. Gonzales

United States Court of Appeals, Ninth Circuit
Jun 17, 2005
135 F. App'x 112 (9th Cir. 2005)
Case details for

Ailon-Escalante v. Gonzales

Case Details

Full title:Francisco AILON-ESCALANTE; Susana Ailon-Escalante, Petitioners, v. Alberto…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 17, 2005

Citations

135 F. App'x 112 (9th Cir. 2005)