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Alvarez-Romero v. Gonzales

United States Court of Appeals, Ninth Circuit
Feb 23, 2007
221 F. App'x 651 (9th Cir. 2007)

Opinion

No. 05-76103.

Submitted February 20, 2007.

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

Filed February 23, 2007.

Manuel F. Rios, III, Esq., Rosaura D. Rodriguez, Esq., Rios Cantor, PS, Seattle, WA, for Petitioner.

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, Janice K. Redfern, Esq., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, Daniel R. Cooper, Esq., Office of the U.S. Attorney, Federal Bldg. U.S. Courthouse, Anchorage, AK, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A96-234-604.

Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.


MEMORANDUM

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


Edgar Antonio Alvarez-Romero, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' decision that affirmed the Immigration Judge's ("I J") denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence, Aruta v. INS, 80 F.3d 1389, 1393 (9th Cir. 1996), and we deny the petition.

Substantial evidence supports the IJ's finding that Alvarez-Romero failed to establish that the harm he experienced during his encounters with the Mara Salvatrucha gang, where they tried to recruit him to join or demanded money, was on account of a protected ground. See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir. 2004) (random criminal acts bore no nexus to a protected ground).

Because Alvarez-Romero failed to satisfy the lower standard of proof for asylum, it necessarily follows that he failed to satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.


Summaries of

Alvarez-Romero v. Gonzales

United States Court of Appeals, Ninth Circuit
Feb 23, 2007
221 F. App'x 651 (9th Cir. 2007)
Case details for

Alvarez-Romero v. Gonzales

Case Details

Full title:Edgar Antonio ALVAREZROMERO, Petitioner, v. Alberto R. GONZALES, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 23, 2007

Citations

221 F. App'x 651 (9th Cir. 2007)