eLaws | Code of Federal Regulations | United States Code |
 All Courts
 Federal Courts
 US Court of Appeals Cases
 Court of Appeals for the Fifth Circuit
 2023-03

Vasquez Ignacio v. Garland ( 2023 )


Menu:
 
  • Case: 22-60197        Document: 00516684251             Page: 1      Date Filed: 03/21/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-60197
Summary Calendar                                 FILED
____________                                March 21, 2023
Lyle W. Cayce
Jesus Vasquez Ignacio,                                                            Clerk
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A205 471 062
______________________________
Before Stewart, Dennis, and Willett, Circuit Judges.
Per Curiam: *
Jesus Vasquez Ignacio, a native and citizen of Mexico, timely petitions
us for review of a decision of the Board of Immigration Appeals denying
withholding of removal and Convention Against Torture protection.
On petition for review of a Board decision, we review factual findings
for substantial evidence and questions of law de novo. Lopez-Gomez v.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-60197        Document: 00516684251        Page: 2   Date Filed: 03/21/2023
No. 22-60197
Ashcroft,
    263 F.3d 442
    , 444 (5th Cir. 2001). The substantial-evidence
standard applies to review of decisions denying asylum, withholding of
removal, and relief under the CAT. Zhang v. Gonzales,
    432 F.3d 339
    , 344 (5th
Cir. 2005). Under this standard, reversal is improper unless the evidence
compels a contrary conclusion. Carbajal-Gonzalez v. INS,
    78 F.3d 194
    , 197
(5th Cir. 1996).
We are not compelled to find that Vasquez Ignacio was persecuted in
the past. The incident he described is not an example of the extreme harm
that persecution requires. See Qorane v. Barr,
    919 F.3d 904
    , 909-10 (5th Cir.
2019). As Vasquez Ignacio has not established persecution, his claim fails,
and analysis of the other elements is unnecessary. INS v. Bagamasbad,
    429 U.S. 24
    , 25-26 (1976).
Because Vasquez Ignacio’s assault and attempted kidnapping do not
constitute persecution, they also do not show a likelihood he will be tortured
upon return to Mexico. See Qorane,
    919 F.3d at 911
    . Vasquez Ignacio
presents only a conclusional argument that country condition evidence
supports his torture claim and has waived that issue for review. See Garrido-
Morato v. Gonzales,
    485 F.3d 319
    , 321 n.1 (5th Cir. 2007).
DENIED.
2