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No. 8630614
United States Court of Appeals for the Ninth Circuit
Darbelles-Castro v. Gonzales
No. 8630614 · Decided April 24, 2007
No. 8630614·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 24, 2007
Citation
No. 8630614
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Marvin Antonio Darbelles-Castro, a native and citizen of Nicaragua, petitions for review of a Board of Immigration Appeals (“BIA”) decision that affirmed the ruling of an Immigration Judge (“IJ”) denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . Where, as here, the BIA adopts the decision of the IJ, we treat the IJ’s decision as if it were that of the BIA. See Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007). We review the agency’s decision for substantial evidence, see Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition. Because Darbelles-Castro did not establish that he was a member of a particular social group, substantial evidence supports the IJ’s finding. See Sanchez-Trujillo v. INS, 801 F.2d 1571, 1577 (9th Cir.1986). Because Darbelles-Castro failed to satisfy the lower standard of proof for asylum, he necessarily failed to satisfy the more stringent standard for withholding of removal. See Mansour v. Ashcroft, 390 F.3d 667, 673 (9th Cir.2004). PETITION DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Marvin Antonio Darbelles-Castro, a native and citizen of Nicaragua, petitions for review of a Board of Immigration Appeals (“BIA”) decision that affirmed the ruling of an Immigration Judge (“IJ”) denying his application for as
Key Points
01MEMORANDUM ** Marvin Antonio Darbelles-Castro, a native and citizen of Nicaragua, petitions for review of a Board of Immigration Appeals (“BIA”) decision that affirmed the ruling of an Immigration Judge (“IJ”) denying his application for as
02Where, as here, the BIA adopts the decision of the IJ, we treat the IJ’s decision as if it were that of the BIA.
03We review the agency’s decision for substantial evidence, see Gu v.
04Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition.
Frequently Asked Questions
MEMORANDUM ** Marvin Antonio Darbelles-Castro, a native and citizen of Nicaragua, petitions for review of a Board of Immigration Appeals (“BIA”) decision that affirmed the ruling of an Immigration Judge (“IJ”) denying his application for as
FlawCheck shows no negative treatment for Darbelles-Castro v. Gonzales in the current circuit citation data.
This case was decided on April 24, 2007.
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