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No. 8642249
United States Court of Appeals for the Ninth Circuit

Tzoc-Alfaro v. Gonzales

No. 8642249 · Decided July 16, 2007
No. 8642249 · Ninth Circuit · 2007 · FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 16, 2007
Citation
No. 8642249
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Juana Lorena Tzoc-Alfaro, a native and citizen of Guatemala, petitions for review of the order of the Board of Immigration Appeals that summarily affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Nahrvani v. Gonzales, 399 F.3d 1148, 1151 (9th Cir.2005), and we deny the petition for review. Substantial evidence supports the IJ’s decision. The evidence in the record does not compel the conclusion that the threats made against Tzoc-Alfaro and her husband establish a well-founded fear of future persecution in Guatemala. See Mendez-Gutierrez v. Gonzales, 444 F.3d 1168, 1171-72 (9th Cir.2006); see also Nahrvani, 399 F.3d at 1154-54 . Furthermore, Tzoc-Alfaro did not demonstrate that her father-in-law’s death, the robbery she suffered, or the abuse committed against her by her brother occurred on account of a protected ground. See Sangha v. INS, 103 F.3d 1482, 1490 (9th Cir.1997). Because Tzoc-Alfaro failed to meet her burden for asylum, she necessarily did not satisfy the more stringent standard for withholding of removal. See Nahrvani, 399 F.3d at 1154 . Substantial evidence also supports the IJ’s decision that Tzoc-Alfaro has not shown that it is more likely than not that she would be tortured if she returns to *425 Guatemala. See Singh v. Ashcroft, 351 F.3d 435, 443 (9th Cir.2003). With respect to Tzoc-Alfaro’s challenge to a letter instructing her to report for removal, we note that Tzoc-Alfaro’s stay of removal was reinstated on October 23, 2006, and remains in place until this court issues its mandate. See Mariscal-Sandoval v. Ashcroft, 370 F.3d 851, 856 (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 ** Juana Lorena Tzoc-Alfaro, a native and citizen of Guatemala, petitions for review of the order of the Board of Immigration Appeals that summarily affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum, wi
Key Points
Frequently Asked Questions
MEMORANDUM ** Juana Lorena Tzoc-Alfaro, a native and citizen of Guatemala, petitions for review of the order of the Board of Immigration Appeals that summarily affirmed the Immigration Judge’s (“IJ”) denial of her application for asylum, wi
FlawCheck shows no negative treatment for Tzoc-Alfaro v. Gonzales in the current circuit citation data.
This case was decided on July 16, 2007.
Use the citation No. 8642249 and verify it against the official reporter before filing.
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