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Estrada Suchite v. Gonzales
Citation: 176 F. App'x 774Docket: No. 04-76756
Court: Court of Appeals for the Ninth Circuit; April 12, 2006; Federal Appellate Court
Marvin Estuardo Estrada Suchite, a Guatemalan citizen, petitions for review of the Board of Immigration Appeals' decision that dismissed his appeal against an immigration judge's denial of his asylum application and withholding of removal. The court has jurisdiction under 8 U.S.C. § 1252 and reviews the case for substantial evidence. The petition is denied, as substantial evidence supports the finding that Estrada Suchite did not prove past persecution or a well-founded fear of future persecution based on a protected ground. He received only vague, anonymous threats, and his claims about potential targeting by ex-guerillas due to his military service were speculative. The court referenced previous cases, concluding that Estrada Suchite failed to establish a connection to a protected ground, as seen in his father's military history. Consequently, he did not qualify for asylum, making the issue of the one-year filing deadline moot. Additionally, his failure to qualify for asylum meant he could not meet the higher standard required for withholding of removal. The petition for review is denied, and the disposition is not for publication and cannot be cited in the circuit courts except as allowed by 9th Cir. R. 36-3.