Jose Orellana-Morales, et al v. Michael Mukasey, No. 08-71146 (9th Cir. 2010)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE EFRAIN ORELLANA-MORALES and ELSA MARINA SANABRIAMAGANA, No. 08-71146 Agency Nos. A070-812-577 A070-965-079 Petitioners, MEMORANDUM ** v. ERIC H. HOLDER, Jr., Attorney General,* Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 14, 2010 *** Before: GOODWIN, WALLACE and THOMAS, Circuit Judges. Petitioners Jose Efrain Orellana-Morales and Elsa Marina Sanabria-Magana, husband and wife and natives and citizens of El Salvador, petition for review of a * Eric H. Holder, Jr., is substituted for his predecessor, Michael B. Mukasey, as Attorney General of the United States. Fed. R. App. P. 43(c)(2). ** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Board of Immigration Appeals order dismissing their appeal from an immigration judge s decision denying their application for asylum, withholding of removal and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. Substantial evidence supports the Board s denial of asylum and withholding of removal because petitioners failed to show that Orellana-Morales s alleged persecutors were guerillas who targeted him on account of his prior military service. Mr. Orellana-Morales could not explain why the unidentified men beat him in his home, other than to suggest they were either former guerillas or an individual to whom he had sold a car. Ochave v. INS, 254 F.3d 859, 865 (9th Cir. 2001) ( Asylum generally is not available to victims of civil strife, unless they are singled out on account of a protected ground ); Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir. 2001) (explaining that persecution because of a personal vendetta is not persecution on account of imputed political opinion). Substantial evidence also supports the Board s denial of CAT relief based on the Board s finding that petitioners did not establish a likelihood of torture by, at the instigation of, or with the consent or acquiescence of the El Salvadoran government. See Arteaga v. Mukasey, 511 F.3d 940, 948-49 (9th Cir. 2007). PETITION FOR REVIEW DENIED. 2 08-71146

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.