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No. 8626759
United States Court of Appeals for the Ninth Circuit
Velazquez v. Gonzales
No. 8626759 · Decided December 12, 2006
No. 8626759·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 12, 2006
Citation
No. 8626759
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Leovigildo Velazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ summary affirmance of the Immigration Judge’s (“IJ”) 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 for review. Substantial evidence supports the IJ’s determination that, although Velazquez experienced past persecution in *733 1982, he failed to demonstrate a well-founded fear of future persecution, based on changed country conditions and the finding that the Mexican government is no longer dominated by one party and Velazquez’s political party controls legislative and governatorial positions in Mexico. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 1000 (9th Cir.2003). Accordingly, Velazquez is not eligible for asylum. Because Velazquez failed to demonstrate eligibility for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See id. at 1001 n. 5. Substantial evidence also supports the denial of CAT relief because Velazquez did not demonstrate that it is more likely than not that he will be tortured if returned to Mexico. See Hasan v. Ashcroft, 380 F.3d 1114, 1122-23 (9th Cir.2004). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Leovigildo Velazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal
Key Points
01MEMORANDUM ** Leovigildo Velazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal
02Substantial evidence supports the IJ’s determination that, although Velazquez experienced past persecution in *733 1982, he failed to demonstrate a well-founded fear of future persecution, based on changed country conditions and the finding
03Because Velazquez failed to demonstrate eligibility for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal.
04Substantial evidence also supports the denial of CAT relief because Velazquez did not demonstrate that it is more likely than not that he will be tortured if returned to Mexico.
Frequently Asked Questions
MEMORANDUM ** Leovigildo Velazquez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal
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This case was decided on December 12, 2006.
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