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Maradiaga-Mayorquin v. Gonzales

Citation: 147 F. App'x 709Docket: No. 04-71443

Court: Court of Appeals for the Ninth Circuit; October 25, 2005; Federal Appellate Court

Narrative Opinion Summary

Denia Isabel Maradiaga-Mayorquin, a Honduran national, filed a petition for review regarding the Board of Immigration Appeals' (BIA) dismissal of her appeal against an immigration judge's (IJ) denial of her asylum and withholding of removal applications. The court has jurisdiction under 8 U.S.C. § 1252 and conducted a substantial evidence review. The court denied the petition, affirming the BIA's finding that there was no causal link between the robberies Maradiaga-Mayorquin experienced and her religious beliefs. Additionally, the BIA noted the absence of evidence in the State Department's reports on Honduras or submitted materials indicating that the Maras gang is involved in religious persecution. As Maradiaga-Mayorquin did not satisfy the lower eligibility threshold for asylum, she consequently failed to qualify for withholding of removal. The ruling is not subject to publication and cannot be cited in future cases except under specific circuit rules.

Legal Issues Addressed

Eligibility for Asylum

Application: The petitioner failed to demonstrate a causal link between the robberies she experienced and her religious beliefs, which is essential to establish eligibility for asylum.

Reasoning: The court denied the petition, affirming the BIA's finding that there was no causal link between the robberies Maradiaga-Mayorquin experienced and her religious beliefs.

Eligibility for Withholding of Removal

Application: Without meeting the eligibility threshold for asylum, the petitioner also did not qualify for withholding of removal.

Reasoning: As Maradiaga-Mayorquin did not satisfy the lower eligibility threshold for asylum, she consequently failed to qualify for withholding of removal.

Evidence of Religious Persecution

Application: There was no evidence in the State Department's reports or submitted materials suggesting that the Maras gang in Honduras engages in religious persecution.

Reasoning: Additionally, the BIA noted the absence of evidence in the State Department's reports on Honduras or submitted materials indicating that the Maras gang is involved in religious persecution.

Jurisdiction of Immigration Appeals

Application: The court has jurisdiction to review the decision of the Board of Immigration Appeals under 8 U.S.C. § 1252.

Reasoning: The court has jurisdiction under 8 U.S.C. § 1252 and conducted a substantial evidence review.

Publication and Citation of Immigration Rulings

Application: The ruling is not published and cannot be cited in future cases except following specific circuit rules.

Reasoning: The ruling is not subject to publication and cannot be cited in future cases except under specific circuit rules.

Standard of Review in Immigration Cases

Application: The court applied a substantial evidence review to the BIA's decision, examining whether the evidence supports the BIA's findings.

Reasoning: The court has jurisdiction under 8 U.S.C. § 1252 and conducted a substantial evidence review.