Menendez v. Mukasey
Docket: No. 06-74564
Court: Court of Appeals for the Ninth Circuit; January 13, 2009; Federal Appellate Court
Irma Juventina Menendez, a citizen of El Salvador, filed a pro se petition for review of the Board of Immigration Appeals (BIA) decision that dismissed her appeal against an immigration judge’s (IJ) order. This order denied her applications for asylum, withholding of deportation, and cancellation of removal. The jurisdiction is based on 8 U.S.C. § 1252, which allows for review of the BIA's denial of asylum under a standard of substantial evidence. Menendez testified that she was beaten by guerillas after refusing to comply with their demands. However, the evidence did not compel a finding that she was targeted due to her political opinion or any other protected ground, leading to the conclusion that the BIA's denial of asylum and withholding of removal was supported by substantial evidence. The BIA also found that the incidents reported did not constitute “atrocious forms of persecution” as defined under 8 C.F.R. § 1208.13(b)(1)(iii). The court lacks jurisdiction to review the BIA’s discretionary decision regarding the extraordinary hardship standard for cancellation of removal, as Menendez did not present a constitutional or legal challenge to that finding. The petition is denied in part and dismissed in part. The docket will reflect Irma Juventina Menendez as the sole petitioner. Furthermore, Melvin Ernesto Menendez, her son, cannot derive asylum claims from hers, and as a non-lawyer, Irma cannot represent him. The BIA's decision regarding Melvin Menendez is thus not under review. Additionally, Menendez did not contest the BIA's denial of her Convention Against Torture claim. This disposition is not intended for publication and is not precedent-setting, except as noted in 9th Cir. R. 36-3.