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Ruiz-Lopez v. Gonzales

United States Court of Appeals, Ninth Circuit
Feb 23, 2007
221 F. App'x 653 (9th Cir. 2007)

Opinion

No. 05-71469.

Submitted February 20, 2007.

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

Filed February 23, 2007.

Marlon Amado Ruiz-Lopez, Norwalk, CA, pro se.

Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Russell J.E. Verby, Esq., U.S. Department of Justice, Civil Division, Washington, D.C., for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A78-965-531.

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.


Marlon Amado Ruiz-Lopez, a native and citizen of Nicaragua, petitions pro se for review of the Board of Immigration Appeals' ("BIA") affirmance of the Immigration Judge's ("I J") denial of his application for asylum, withholding of removal and relief under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We deny the petition.

Substantial evidence supports the IJ's and BIA's determination that the vague threats made against Ruiz-Lopez neither rise to the level of past persecution nor demonstrate that he has a well-founded fear of future persecution. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 870 n. 6 (9th Cir. 2003) (stating that "unspecified threats" did not constitute past persecution); see also Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1172 (9th Cir. 2006) (vague and conclusory allegations regarding threats insufficient to establish a well-founded fear of future persecution). Accordingly, Ruiz-Lopez is not eligible for asylum.

Because Ruiz-Lopez failed to demonstrate eligibility for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Singh v. INS, 134 F.3d 962, 971 (9th Cir. 1998).

Finally, Ruiz-Lopez failed to demonstrate that it is more likely than not that he will be tortured if returned to Nicaragua. See Gui v. INS, 280 F.3d 1217, 1230 (9th Cir. 2002) (stating that harassment, wiretapping, staged car crashes, detention and interrogation did not amount to torture).

PETITION FOR REVIEW DENIED.


Summaries of

Ruiz-Lopez v. Gonzales

United States Court of Appeals, Ninth Circuit
Feb 23, 2007
221 F. App'x 653 (9th Cir. 2007)
Case details for

Ruiz-Lopez v. Gonzales

Case Details

Full title:Marlon Amado RUIZ-LOPEZ, Petitioner, v. Alberto R. GONZALES, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 23, 2007

Citations

221 F. App'x 653 (9th Cir. 2007)