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Abzun-Ladino v. Gonzales
Citation: 223 F. App'x 29Docket: No. 06-2023-ag.
Court: Court of Appeals for the Second Circuit; April 13, 2007; Federal Appellate Court
Mariano Abzun-Ladino, a Guatemalan citizen, petitions for review of a BIA order affirming an Immigration Judge's (IJ) denial of his asylum application, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA's summary affirmation necessitates this Court to review the IJ’s decision as the final agency determination. Under the substantial evidence standard, the Court found that the IJ reasonably concluded Abzun-Ladino failed to establish past persecution or a well-founded fear of future persecution. The IJ identified inconsistencies and lack of corroboration in Abzun-Ladino’s testimony regarding his alleged political persecution, particularly his unsubstantiated claims of Revolutionary Party membership. The Court noted that to qualify for asylum based on political opinion, the applicant must demonstrate that persecution is motivated by their political beliefs and must provide evidence supporting this claim. The IJ also considered Abzun-Ladino's inability to secure corroborating testimony from family members and noted that his fear of future persecution was undermined by significant changes in Guatemala, lack of evidence regarding the continued operation of the guerrillas who allegedly threatened him, and the fact that his family remained unharmed in Guatemala. Additionally, the IJ took into account Abzun-Ladino’s past visits to Guatemala, which contradicted his claim of a well-founded fear of persecution. Regarding requests for withholding of removal and CAT relief, the Court found it lacked jurisdiction to review these claims as they were not exhausted at the administrative level. The Court also lacks jurisdiction to review the denial of voluntary departure. Consequently, Abzun-Ladino’s petition for review is denied.