Vasquez Tello, et al v. Holder, No. 08-70424 (9th Cir. 2010)

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FILED NOV 22 2010 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT GREGORIO VASQUEZ TELLO; ELVIA LOPEZ VASQUEZ; et al., No. 08-70424 Agency Nos. Petitioners, v. A075-647-604 A075-647-605 A075-647-606 A075-651-208 ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM * Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. Gregorio Vasquez Tello and Elvia Lopez Vasquez, and their family, natives and citizens of Guatemala, petition for review of a Board of Immigration Appeals ( BIA ) order reversing an immigration judge s ( IJ ) decision granting withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review * 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). for substantial evidence, Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir. 2003), and we deny the petition for review. The BIA reversed the IJ s grant of relief after finding the evidence was sufficient to rebut the presumption that Vasquez Tello s life or freedom would be threatened in the future. Substantial evidence supports the BIA s conclusion. See id. at 998-1001. Accordingly, we deny the petition as to petitioners withholding of removal claim. PETITION FOR REVIEW DENIED. 2 08-70424

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