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No. 8629710
United States Court of Appeals for the Ninth Circuit
Gamez-Ventura v. Gonzales
No. 8629710 · Decided March 21, 2007
No. 8629710·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
March 21, 2007
Citation
No. 8629710
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Selbin Gamez-Ventura, a native and citizen of El Salvador, petitions pro se for review of a Board of Immigration Appeals (“BIA”) decision that summarily 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 , and we deny the petition. Where, as here, the BIA summarily affirmed the IJ’s opinion, this court reviews the IJ’s opinion as the final agency decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). This court will affirm the IJ’s decision if it is supported by reasonable evidence on the record considered as a whole, and may reverse only if the applicant shows that the evidence compels the conclusion that the decision was incorrect. INS v. Elias-Za-carias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The record as a whole indicates that Gamez-Ventura’s attackers were motivated entirely by pecuniary interests and we therefore conclude that the evidence does not compel the conclusion that Gamez-Ventura was persecuted on account of a protected ground. See id. at 481-84 , 112 S.Ct. 812 ; see also Sangha v. INS, 103 F.3d 1482, 1489-91 (9th Cir.1997). Because Gamez-Ventura 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 FOR REVIEW 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 ** Selbin Gamez-Ventura, a native and citizen of El Salvador, petitions pro se for review of a Board of Immigration Appeals (“BIA”) decision that summarily affirmed the ruling of an Immigration Judge (“IJ”) denying his applicatio
Key Points
01MEMORANDUM ** Selbin Gamez-Ventura, a native and citizen of El Salvador, petitions pro se for review of a Board of Immigration Appeals (“BIA”) decision that summarily affirmed the ruling of an Immigration Judge (“IJ”) denying his applicatio
02Where, as here, the BIA summarily affirmed the IJ’s opinion, this court reviews the IJ’s opinion as the final agency decision.
03This court will affirm the IJ’s decision if it is supported by reasonable evidence on the record considered as a whole, and may reverse only if the applicant shows that the evidence compels the conclusion that the decision was incorrect.
04The record as a whole indicates that Gamez-Ventura’s attackers were motivated entirely by pecuniary interests and we therefore conclude that the evidence does not compel the conclusion that Gamez-Ventura was persecuted on account of a prote
Frequently Asked Questions
MEMORANDUM ** Selbin Gamez-Ventura, a native and citizen of El Salvador, petitions pro se for review of a Board of Immigration Appeals (“BIA”) decision that summarily affirmed the ruling of an Immigration Judge (“IJ”) denying his applicatio
FlawCheck shows no negative treatment for Gamez-Ventura v. Gonzales in the current circuit citation data.
This case was decided on March 21, 2007.
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