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No. 8641628
United States Court of Appeals for the Ninth Circuit
Velasquez v. Gonzales
No. 8641628 · Decided June 14, 2007
No. 8641628·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 14, 2007
Citation
No. 8641628
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Ruben Pablo Velasquez, a native and citizen of Guatemala, 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, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . “Where, as here, the BIA conducts a de novo review of the IJ’s decision, our review is limited to the BIA’s decision.” Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003). We review for substantial evidence, Gu v. Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition. The BIA denied Velasquez’s petition for asylum and withholding of removal, finding that, even assuming Velasquez had proven past persecution on account of a protected ground, the Government had successfully rebutted the presumption of a well-founded fear of future persecution by demonstrating changed country conditions. Substantial evidence supports the BIA’s finding. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000 (9th Cir.2003) (citation omitted). *617 Substantial evidence supports the denial of Velasquez’s CAT claim because he did not establish that it was more likely than not that he would be tortured if he returned to Guatemala. See Malhi, 336 F.3d at 993 . Finally, because substantial evidence supports the BIA’s findings, we need not address Velasquez’s contentions regarding firm resettlement. 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 ** Ruben Pablo Velasquez, a native and citizen of Guatemala, 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, with
Key Points
01MEMORANDUM ** Ruben Pablo Velasquez, a native and citizen of Guatemala, 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, with
02“Where, as here, the BIA conducts a de novo review of the IJ’s decision, our review is limited to the BIA’s decision.” Malhi v.
03Gonzales, 454 F.3d 1014, 1018 (9th Cir.2006), and we deny the petition.
04The BIA denied Velasquez’s petition for asylum and withholding of removal, finding that, even assuming Velasquez had proven past persecution on account of a protected ground, the Government had successfully rebutted the presumption of a wel
Frequently Asked Questions
MEMORANDUM ** Ruben Pablo Velasquez, a native and citizen of Guatemala, 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, with
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This case was decided on June 14, 2007.
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