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Mairena-Moncada v. Holder

United States Court of Appeals, Fifth Circuit
Nov 29, 2011
451 F. App'x 444 (5th Cir. 2011)

Summary

affirming finding of no persecution where petitioner experienced verbal threats and one physical attack over a four-to-five-month period

Summary of this case from Matadi v. Barr

Opinion

No. 10-60897

11-29-2011

HUGO MAIRENA-MONCADA, also known as Hugo Moncada Mairena, Petitioner v. ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL, Respondent


Summary Calendar


Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A088 809 225

Before BARKSDALE, STEWART, and PRADO, Circuit Judges. PER CURIAM:

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Hugo Mairena-Moncada petitions for review of the Board of Immigration Appeals' (BIA) dismissal of his appeal from the Immigration Judge's order denying withholding of removal. The BIA's determination that an alien is not eligible for withholding of removal is a finding of fact reviewed under the substantial evidence standard. E.g., Efe v. Ashcroft, 293 F.3d 899, 903 (5th Cir. 2002). "We will affirm the B[IA]'s decision unless the evidence compels a contrary conclusion." Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 1996).

Mairena contends the BIA erred in determining he did not demonstrate past persecution. Substantial evidence supports that finding. Mairena's account of verbal threats over a four to five month period and one physical attack does not constitute past persecution. See Eduard v. Ashcroft, 379 F.3d 182, 187-88 (5th Cir. 2004); Abdel-Masieh v. INS, 73 F.3d 579, 583-84 (5th Cir. 1996).

Mairena also contends the BIA erred in determining he had not established a well-founded fear of future persecution. Because Mairena's above-described past treatment does not amount to persecution, it does not support a presumption of future persecution. See 8 C.F.R. § 208.16(b)(1)(i) (showing of past persecution results in rebuttable presumption life will be threatened in future). Additionally, Mairena's generalized fear of violence cannot constitute a well-founded fear of future persecution. See Eduard, 379 F.3d at 190. Further, the reasonableness of Mairena's fear of future persecution is diminished because a number of Mairena's family members have continued to reside in Nicaragua and have remained unharmed. Id. at 193.

DENIED.


Summaries of

Mairena-Moncada v. Holder

United States Court of Appeals, Fifth Circuit
Nov 29, 2011
451 F. App'x 444 (5th Cir. 2011)

affirming finding of no persecution where petitioner experienced verbal threats and one physical attack over a four-to-five-month period

Summary of this case from Matadi v. Barr
Case details for

Mairena-Moncada v. Holder

Case Details

Full title:HUGO MAIRENA-MONCADA, also known as Hugo Moncada Mairena, Petitioner v…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 29, 2011

Citations

451 F. App'x 444 (5th Cir. 2011)

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