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Amilcar-Funez v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 24, 2015
623 F. App'x 395 (9th Cir. 2015)

Opinion

No. 08-71239

11-24-2015

SELVIN AMILCAR-FUNEZ, AKA Selvin Amilcar Funez and YOSELIN CAROLINA FUNES-TORRES, AKA Yoselin Carolina Funez-Torres, AKA Joselyn Carolina Funez Torres, Petitioners, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency Nos. A097-744-544 A097-744-543 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Selvin Amilcar-Funez and Yoselin Carolina Funes-Torres, natives and citizens of Honduras, petition for review of the Board of Immigration Appeals' ("BIA") order dismissing their appeal from an immigration judge's decision denying their applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.

Substantial evidence supports the BIA's determination that petitioners could internally relocate, where the evidence showed that petitioners had already successfully relocated to avoid harm in Honduras for at least one year before leaving the country. See Ochave v. INS, 254 F.3d 859, 867-868 (9th Cir. 2001). Thus, their asylum claim fails.

Because petitioners failed to establish eligibility for asylum, they necessarily cannot meet the more stringent standard for withholding of removal. See Zehatye, 453 F.3d at 1190.

PETITION FOR REVIEW DENIED.


Summaries of

Amilcar-Funez v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 24, 2015
623 F. App'x 395 (9th Cir. 2015)
Case details for

Amilcar-Funez v. Lynch

Case Details

Full title:SELVIN AMILCAR-FUNEZ, AKA Selvin Amilcar Funez and YOSELIN CAROLINA…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 24, 2015

Citations

623 F. App'x 395 (9th Cir. 2015)

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