An issue is considered abandoned when a party fails to present any argument in support of it.
An alien seeking withholding of removal must demonstrate that he more-likely-than-not would be persecuted or tortured upon his return to his home country. After an immigration judge denied an application for withholding of removal based on a finding that the applicant failed to show a likelihood of persecution and that country conditions in Guatemala had changed, the petitioner challenged the decision. The court held that to reverse the immigration judge's factual findings, the record must not only support reversal but compel it. Because the record supported the finding that the applicant failed to establish a future threat of persecution, the court affirmed the denial.
At page 1287 Reviewing fact findings and withholding of removal standards511 citing cases“to reverse the ij's fact findings, we must find that the record not only supports reversal, but compels it.”
- Yunior Lopez-Pineda v. U.S. Attorney Gen., 702 F. App'x 839 (11th Cir. 2017).unpublished(To reverse the [BIA’s] fact findings, we must find that the record not only supports reversal, but compels it.)
- Juan Mendez-Velasquez v. U.S. Attorney Gen., 683 F. App'x 782 (11th Cir. 2017).unpublished(An alien cannot demonstrate that he more-likely-than-not would be persecuted on a protected ground if the IJ finds that the alien could avoid a future threat by relocating to another part of his country.)
- Farid Alberto Calderon Salinas v. U.S. Atty. Gen., 140 F. App'x 868 (11th Cir. 2005).unpublished (An alien who has not shown past persecution, though, may still be entitled to withholding of removal if he can demonstrate a future threat to his life or freedom on a protected ground in his country)
- Albert Adefemi v. John Ashcroft, 386 F.3d 1022 (11th Cir. 2004).published(To reverse the IJ’s fact findings, we must find that the record not only supports reversal, but compels it.)
- Albert Adefemi v. John Ashcroft, 386 F.3d 1022 (11th Cir. 2003).published(To reverse the IJ's fact findings, we must find that the record not only supports reversal, but compels it.)
- Adefemi v. Ashcroft, 335 F.3d 1269 (11th Cir. 2003).published(To reverse the IJ’s fact findings, we must find that the record not only supports reversal, but compels it.)
- Alma Hernandez-Rebollar v. U.S. Attorney Gen., No. 25-13935 (11th Cir. June 11, 2026).unpublishedTo reverse fact findings, we must determine that the record “not only supports reversal, but compels it.” Id. (quoting Medoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003)). “[T]he mere fact that the record may support a contrar…
- Olivia Dsouza v. U.S. Attorney Gen., No. 23-10023 (11th Cir. July 19, 2024).unpublished ANALYSIS Under 8 U.S.C. § 1231 (b)(3)(A), an alien seeking withholding of removal must show that her “life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social…
- A.P.A. v. U.S. Attorney Gen., 104 F.4th 230 (11th Cir. 2024).publishedSo under Chacon-Botero, we do not have “jurisdiction to review a decision regarding whether an alien complied with the one-year time limit or established [changed or] extraordinary circumstances that would excuse [an] untimely filing.” Id.…
- Torben Kjaer Soendergaard v. U.S. Attorney Gen., No. 23-11629 (11th Cir. Feb. 6, 2024).unpublishedTo reverse the BIA, we “must find that the record not only supports reversal, but compels it.” Id. (internal quotation marks omitted) (quoting Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003)). “[T]he mere fact that the rec…
Show 186 more citing cases
- Pedro Eliezer Garcia-Puac v. U.S. Attorney Gen., No. 23-10847 (11th Cir. Sept. 11, 2023).unpublishedMendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Claudia Yolibeth Padilla-Mejia v. U.S. Attorney Gen., No. 22-11909 (11th Cir. June 9, 2023).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” See Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Ervin Nekaj v. U.S. Attorney Gen., No. 21-11306 (11th Cir. May 5, 2022).unpublishedMendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Rajib Hossain v. U.S. Attorney Gen., No. 20-14863 (11th Cir. Mar. 23, 2022).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003). 2 The IJ first denied Hossain’s application for relief in Jun…
- Abraham Bernez-Ibarra v. U.S. Attorney Gen., No. 21-10279 (11th Cir. Mar. 1, 2022).unpublishedTo reverse a fact finding, we must conclude “that the record not only supports reversal, but compels it.” See Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Henry Elizaldo Garcia-Morataya v. U.S. Attorney Gen., No. 20-13486 (11th Cir. Aug. 27, 2021).unpublishedFirst, a noncitizen “may establish past persecution based on a protected ground,” which “creates a rebuttable presumption that [his] life or freedom would be threatened upon return to his country.” Id.; Mendoza v. U.S. Att’y Gen., 327 F.3d…
- Norberto Rocubert-Campo v. U.S. Attorney Gen., No. 20-13339 (11th Cir. July 23, 2021).unpublishedTo reverse a fact determination, we must conclude “that the record not only 7 USCA11 Case: 20-13339 Date Filed: 07/23/2021 Page: 8 of 13 supports reversal, but compels it.” See Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 200…
- Archivaldo Antonio Chow Davilla v. U.S. Attorney Gen., No. 20-12414 (11th Cir. May 21, 2021).unpublishedANALYSIS To qualify for withholding of removal, an alien bears the burden of showing either “past persecution in [his] country based on a protected ground,” Tan v. U.S. Att’y Gen., 446 F.3d 1369, 1375 (11th Cir. 2006) (quoting Mendoza v. U…
- Hugo Lopez-Sanchez v. U.S. Attorney Gen., No. 20-12440 (11th Cir. Apr. 1, 2021).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” See Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Jian Lin Pan v. U.S. Attorney, No. 19-15177 (11th Cir. Mar. 2, 2021).unpublishedAs to Pan’s claim of withholding of removal, we find that “he cannot show that his life or freedom would ‘more likely than not’ be threatened or persecuted upon return to his country.” D-Muhumed, 388 F.3d at 819 (quoting Mendoza v. U.S. At…
- Marco Antonio Marroquin-Gutierrez v. U.S. Attorney Gen., No. 20-11887 (11th Cir. Mar. 1, 2021).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Nancy Rodriguez-Contrera v. U.S. Attorney Gen., No. 19-13860 (11th Cir. Sept. 15, 2020).unpublishedD-Muhumed v. U.S. Att’y Gen., 388 F.3d 814, 819 (11th Cir. 2004) (quoting Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003)).
- Antonio Avila Gutierrez v. U.S. Attorney Gen., No. 19-12448 (11th Cir. May 21, 2020).unpublishedTo reverse a fact finding, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. United States Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Kenneth Cristian Azurdia-Hernandez v. U.S. Attorney Gen., 812 F. App'x 935 (11th Cir. 2020).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2005).
- Henry Cazares-Zandre v. U.S. Attorney Gen., 791 F. App'x 96 (11th Cir. 2019).unpublished “To reverse the . . . fact findings, we must find that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Zury Alvizuriz-Lorenzo v. U.S. Attorney Gen., No. 18-10985 (11th Cir. Oct. 28, 2019).unpublished(finding that in order to reverse a factual determination, the court must conclude “that the record not only supports reversal, 11 Case: 18-10985 Date Filed: 10/28/2019 Page: 12 of 28 but compels it” (emphasis added))
- Karen Gissel Gonzalez-De Moreira v. U.S. Attorney Gen., No. 18-15302 (11th Cir. Oct. 9, 2019).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. United States Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Qiqi Chen v. U.S. Attorney Gen., No. 18-12209 (11th Cir. July 26, 2019).unpublishedGen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Keshav Bahadur Malla v. U.S. Attorney Gen., No. 17-15100 (11th Cir. July 3, 2019).unpublishedRather, we reverse only where we “find that the record not only supports reversal, but [also] compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Sergio Eduardo Rodrigues v. U.S. Attorney Gen., No. 18-11101 (11th Cir. Feb. 26, 2019).unpublishedThe agency’s “findings of fact are conclusive unless the record demonstrates that ‘any reasonable adjudicator would 6 Case: 18-11101 Date Filed: 02/26/2019 Page: 7 of 10 be compelled to conclude to the contrary.’” Mendoza v. U.S. Att’y Gen…
- Ganesh Acharya v. U.S. Attorney Gen., No. 17-15428 (11th Cir. Dec. 18, 2018).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Alejandro Dayan Matheus v. U.S. Attorney Gen., No. 17-10993 (11th Cir. Dec. 4, 2018).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003). “[T]hat the record may support a contrary conclusion is not e…
- Ye Enjie v. U.S. Attorney Gen., No. 17-14980 (11th Cir. Sept. 5, 2018).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. United States Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003). 1 The IJ also denied relief under the Convention Aga…
- Kapur Lama v. U.S. Attorney Gen., No. 17-15387 (11th Cir. Aug. 13, 2018).unpublished To reverse a factual determination, we “must find that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Alexis Macias Torres v. U.S. Attorney Gen., No. 17-15098 (11th Cir. July 16, 2018).unpublishedTo qualify for withholding of removal, an alien must show that his “life or freedom would be threatened in that country because of the alien’s race, religion, the Attorney General either the existence of changed circumstances which materia…
- Christian Arturo Lopez-Arevalo v. U.S. Attorney Gen., No. 17-13309 (11th Cir. June 27, 2018).unpublishedTo reverse fact findings, we “must find that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Morshed Alam v. U.S. Attorney Gen., No. 17-12603 (11th Cir. May 16, 2018).unpublished To reverse a factual determination, we “must find that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Jose Enrique Ramos-Palomares v. U.S. Attorney Gen., No. 17-12832 (11th Cir. Apr. 3, 2018).unpublishedAn alien bears the burden of demonstrating that he more-likely-than-not would be persecuted or tortured upon his return to the country in question.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Maria Elena Menjivar-Sibrian v. U.S. Attorney Gen., No. 17-12207 (11th Cir. Mar. 22, 2018).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. United States Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Edwin Posada Pabon v. U.S. Attorney Gen., 704 F. App'x 903 (11th Cir. 2017).unpublishedSecond, “[a]n alien who has not shown past persecution ... may still be entitled to withholding of removal if he can demonstrate a future threat to his life or freedom on a protected ground in his country.” 1 Mendoza v. U.S. Att’y Gen., 32…
- Egor Viktorovich Rubanov v. U.S. Attorney Gen., 704 F. App'x 900 (11th Cir. 2017).unpublishedTo reverse a fact determination, we must conclude “that the record not only supports reversal, but compels it.” Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Floyd Herbert Abdul v. U.S. Attorney Gen., 692 F. App'x 995 (11th Cir. 2017).unpublishedSee, e.g., Chacon-Botero v. U.S. Att’y Gen., 427 F.3d 954, 957 (11th Cir. 2005) (per curiam); Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Ya Ling Wu v. U.S. Attorney Gen., 688 F. App'x 825 (11th Cir. 2017).unpublished"To reverse the -... fact findings, we must find that the record not only supports reversal, but *827 compels it.” Mendoza v. U.S. Att'y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003). 2 .
- Irina Luchina v. U.S. Attorney Gen., 687 F. App'x 907 (11th Cir. 2017).unpublishedMendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir. 2003).
- Ruben Calmo Gomez v. U.S. Attorney Gen., 362 F. App'x 55 (11th Cir. 2010).unpublished
- Julianto Darmawan v. U.S. Attorney Gen., 362 F. App'x 44 (11th Cir. 2010).unpublished
- Jaime Efrain Polanco-Brun v. U.S. Atty. Gen., 361 F. App'x 106 (11th Cir. 2010).unpublished
- Nicholson Aupont v. U.S. Attorney Gen., 360 F. App'x 58 (11th Cir. 2010).unpublished
- William Fabio Botero Correa v. U.S. Atty. Gen., 360 F. App'x 55 (11th Cir. 2010).unpublished
- Hernan Valencia Espinosa v. U.S. Attorney Gen., 330 F. App'x 835 (11th Cir. 2009).unpublished
- Chayadipurnama Ciptanagara v. U.S. Atty. Gen., 330 F. App'x 840 (11th Cir. 2009).unpublished
- Mario David Agustin Mendoza v. U.S. Atty. Gen., 330 F. App'x 784 (11th Cir. 2009).unpublished
- Ding Zhong Zhao v. U.S. Attorney Gen., 329 F. App'x 226 (11th Cir. 2009).unpublished
- Alejandro Mendoza v. U.S. Attorney Gen., 327 F. App'x 841 (11th Cir. 2009).unpublished
- Alketa Seriani v. U.S. Attorney Gen., 334 F. App'x 308 (11th Cir. 2009).unpublished
- Hussein A.H.A. Al-Shishani v. U.S. Atty. Gen., 335 F. App'x 851 (11th Cir. 2009).unpublished
- Jose M. Beltran Lozano v. U.S. Atty. Gen., 334 F. App'x 312 (11th Cir. 2009).unpublished
- Jie Sun v. U.S. Attorney Gen., 334 F. App'x 977 (11th Cir. 2009).unpublished
- Nestor Necheporenko v. U.S. Atty. Gen., 333 F. App'x 466 (11th Cir. 2009).unpublished
- Yang Fengyan v. U.S. Attorney Gen., 333 F. App'x 451 (11th Cir. 2009).unpublished
- Bashkim Beqiri v. U.S. Attorney Gen., 333 F. App'x 440 (11th Cir. 2009).unpublished
- Maimuna Jallow v. U.S. Attorney Gen., 330 F. App'x 193 (11th Cir. 2009).unpublished
- Wing Jaya Dinanto v. U.S. Attorney Gen., 331 F. App'x 656 (11th Cir. 2009).unpublished
- Andres Ramos Vail v. U.S. Attorney Gen., 339 F. App'x 932 (11th Cir. 2009).unpublished
- Mario E. Alvarado-Monterrosa v. U.S. Atty. Gen., 341 F. App'x 482 (11th Cir. 2009).unpublished
- Enkela Rakiq v. U.S. Attorney Gen., 344 F. App'x 501 (11th Cir. 2009).unpublished
- Angel Alberto Salcedo Mora v. U.S. Attorney Gen., 338 F. App'x 814 (11th Cir. 2009).unpublished
- Domingo Tercero Aguilar v. U.S. Atty. Gen., 335 F. App'x 908 (11th Cir. 2009).unpublished
- Augusto Garcia Valderrama v. U.S. Atty. Gen., 335 F. App'x 919 (11th Cir. 2009).unpublished
- Dielle Tinaj v. U.S. Attorney Gen., 335 F. App'x 929 (11th Cir. 2009).unpublished
- Jean Saint-Jour v. U.S. Attorney Gen., 341 F. App'x 592 (11th Cir. 2009).unpublished
- Shavkat Jumayev v. U.S. Attorney Gen., 341 F. App'x 609 (11th Cir. 2009).unpublished
- Jesus Armando Guarisma v. U.S. Atty. Gen., 347 F. App'x 504 (11th Cir. 2009).unpublished
- Setiadi Sutanto v. U.S. Attorney Gen., 344 F. App'x 584 (11th Cir. 2009).unpublished
- Luis Huertas Repizo v. U.S. Attorney Gen., 344 F. App'x 563 (11th Cir. 2009).unpublished
- Anne Marthe Luma v. U.S. Attorney Gen., 343 F. App'x 579 (11th Cir. 2009).unpublished
- Erwut Tambe Mbi v. U.S. Attorney Gen., 348 F. App'x 486 (11th Cir. 2009).unpublished
- Luz Marina Quijano v. U.S. Attorney Gen., 348 F. App'x 515 (11th Cir. 2009).unpublished
- Prudencio Ruilemo Camposeco Guillen v. U.S. Atty., 353 F. App'x 231 (11th Cir. 2009).unpublished
- Adriana Osorio Serpa v. U.S. Attorney Gen., 352 F. App'x 409 (11th Cir. 2009).unpublished
- Orlando Linares Gonzalez-Diaz v. U.S. Atty. Gen., 351 F. App'x 405 (11th Cir. 2009).unpublished
- Jian Hua Zheng v. U.S. Attorney Gen., 357 F. App'x 268 (11th Cir. 2009).unpublished
- Gavino Hunil Vail v. U.S. Attorney Gen., 357 F. App'x 282 (11th Cir. 2009).unpublished
- Denis Skendaj v. US Attorney Gen., 356 F. App'x 312 (11th Cir. 2009).unpublished
- Jean Herode Morose v. U.S. Attorney Gen., 356 F. App'x 295 (11th Cir. 2009).unpublished
- Miguel Antonio Rodriquez Rodriquez v. US Att. Gen., No. 09-11902 (11th Cir. Dec. 8, 2009).unpublished
- Kueviakoe v. United States Attorney Gen., 567 F.3d 1301 (11th Cir. 2009).published
- Tang v. U.S. Attorney Gen., 578 F.3d 1270 (11th Cir. 2009).published
- Kazemzadeh v. U.S. Attorney Gen., 577 F.3d 1341 (11th Cir. 2009).published
- William Fernando Bernal Gacha v. U. S. Atty. Gen., 377 F. App'x 858 (11th Cir. 2010).unpublished
- Anthony Michael Akapo v. U.S. Atty. Gen., 377 F. App'x 901 (11th Cir. 2010).unpublished
- Yan Fang Chen v. U.S. Attorney Gen., 389 F. App'x 879 (11th Cir. 2010).unpublished
- Rosangela Rojo Da Silva v. U.S. Attorney Gen., 386 F. App'x 843 (11th Cir. 2010).unpublished
- Visca Imelda v. U.S. Attorney Gen., 611 F.3d 724 (11th Cir. 2010).published
- Florel Maurice v. United States Attorney Gen., 388 F. App'x 932 (11th Cir. 2010).unpublished
- Delon Anthony Magua v. United States Attorney Gen., 386 F. App'x 958 (11th Cir. 2010).unpublished
- Myslim Male v. U.S. Attorney Gen., 399 F. App'x 440 (11th Cir. 2010).unpublished
- George Atta Fakhry Shalaby v. U.S. Atty. Gen., 401 F. App'x 445 (11th Cir. 2010).unpublished
- Prasadkumar Shankar Naik v. U.S. Attorney Gen., 402 F. App'x 451 (11th Cir. 2010).unpublished
- John Fredy Ospina Hernandez v. U.S. Attorney Gen., 404 F. App'x 387 (11th Cir. 2010).unpublished
- Jose Raul Jaramillo-Mesa v. U.S. Attorney Gen., 405 F. App'x 449 (11th Cir. 2010).unpublished
- Jose Federico Ochoa vs US Attorney Gen., 407 F. App'x 360 (11th Cir. 2011).unpublished
- Baudilio Adonias Lopez Y Lopez v. U.S. Attorney Gen., 412 F. App'x 213 (11th Cir. 2011).unpublished
- Altin Martini v. U.S. Attorney Gen., 415 F. App'x 183 (11th Cir. 2011).unpublished
- Jimenez v. U.S. Attorney Gen., 415 F. App'x 976 (11th Cir. 2011).unpublished
- Ying Chen vs U.S. Attorney Gen., 419 F. App'x 929 (11th Cir. 2011).unpublished
- Marin Danchev Yonkov v. U.S. Attorney Gen., 424 F. App'x 848 (11th Cir. 2011).unpublished
- Kwee v. U.S. Attorney Gen., 425 F. App'x 828 (11th Cir. 2011).unpublished
- Liz Marian Lander Martinez v. U.S. Attorney Gen., 427 F. App'x 873 (11th Cir. 2011).unpublished
- Maroun Zeidan vs U.S. Attorney Gen., 431 F. App'x 781 (11th Cir. 2011).unpublished
- Rocco Chirico-Romanzo vs U.S. Attorney Gen., 430 F. App'x 858 (11th Cir. 2011).unpublished
- Jin Hua Liu v. U.S. Attorney Gen., 433 F. App'x 711 (11th Cir. 2011).unpublished
- Luis Alfredo Ramirez-Lopez v. U.S. Attorney Gen., 434 F. App'x 797 (11th Cir. 2011).unpublished
- Wangboje v. U.S. Attorney Gen., 438 F. App'x 813 (11th Cir. 2011).unpublished
- Bin Bin Lin v. U.S. Attorney Gen., 441 F. App'x 667 (11th Cir. 2011).unpublished
- Seck v. U.S. Attorney Gen., 663 F.3d 1356 (11th Cir. 2011).published
- Fernando Raul Chavez-Ocampo v. Us Attorney Gen., 454 F. App'x 796 (11th Cir. 2011).unpublished
- Dulmini Aindrika Wanigasekara v. U.S. Attorney Gen., 453 F. App'x 923 (11th Cir. 2012).unpublished
- Ninoska Zeudi Sanchez De Petit v. U.S. Attorney Gen., 469 F. App'x 731 (11th Cir. 2012).unpublished
- Rruga Sokol v. U.S. Attorney Gen., 469 F. App'x 724 (11th Cir. 2012).unpublished
- Yadir Ramon Castillo-Guerrero v. U.S. Attorney Gen., 470 F. App'x 749 (11th Cir. 2012).unpublished
- Alexandre Cunha De Lins E Silva v. U.S. Attorney Gen., 479 F. App'x 212 (11th Cir. 2012).unpublished
- Zhou Hua Zhu v. U.S. Attorney Gen., 703 F.3d 1303 (11th Cir. 2013).published
- Jiaren Shi v. U.S. Attorney Gen., 707 F.3d 1231 (11th Cir. 2013).published
- Jamella Marie Teneille Lewis v. U.S. Attorney Gen., 512 F. App'x 963 (11th Cir. 2013).unpublished
- Chadrick Calvin Cole v. U.S. Attorney Gen., 712 F.3d 517 (11th Cir. 2013).published
- Seladin Kasa v. U.S. Attorney Gen., 518 F. App'x 831 (11th Cir. 2013).unpublished
- Ai Shu Jin v. U.S. Attorney Gen., 522 F. App'x 569 (11th Cir. 2013).unpublished
- Alexandre Vasiljevich Sachinski v. U.S. Attorney Gen., 537 F. App'x 846 (11th Cir. 2013).unpublished
- Minerva Martinez-Estrada v. U.S. Attorney Gen., 538 F. App'x 853 (11th Cir. 2013).unpublished
- Clemente Lopez Gomez v. U.S. Attorney Gen., 556 F. App'x 832 (11th Cir. 2014).unpublished
- Lina Margarita Cuadrado Barrera v. U.S. Attorney Gen., 557 F. App'x 877 (11th Cir. 2014).unpublished
- Parulbhai Kantilal Patel v. U.S. Attorney Gen., 559 F. App'x 817 (11th Cir. 2014).unpublished
- Mu Ying Wu v. U.S. Attorney Gen., 745 F.3d 1140 (11th Cir. 2014).published
- Nazmul Maksud Murad v. U.S. Attorney Gen., 565 F. App'x 848 (11th Cir. 2014).unpublished
- Carola Beatriz Bellorin Urdaneta v. U.S. Attorney Gen., 566 F. App'x 834 (11th Cir. 2014).unpublished
- Bin Huang v. U.S. Attorney Gen., 569 F. App'x 715 (11th Cir. 2014).unpublished
- Enrique Mejia Chavez v. U.S. Attorney Gen., 571 F. App'x 861 (11th Cir. 2014).unpublished
- Biuma Claudine Malu v. U.S. Attorney Gen., 764 F.3d 1282 (11th Cir. 2014).published
- Miguel Angel Rivas-Castro v. U.S. Attorney Gen., 588 F. App'x 914 (11th Cir. 2014).unpublished
- Haodong Qiu v. United States Attorney Gen., 590 F. App'x 909 (11th Cir. 2014).unpublished
- Ibrat Ilhamovich Djabbarov v. U.S. Attorney Gen., 597 F. App'x 592 (11th Cir. 2015).unpublished
- Vlada Blisciuc v. U.S. Attorney Gen., 598 F. App'x 893 (11th Cir. 2015).unpublished
- Jimmy Sandro Gavilano Amado v. U.S. Attorney Gen., 522 F. App'x 602 (11th Cir. 2013).unpublished
- Zachary Michuki Njoroge v. U.S. Attorney Gen., 477 F. App'x 567 (11th Cir. 2012).unpublished
- Wen Jing Gao v. U.S. Attorney Gen., 441 F. App'x 731 (11th Cir. 2011).unpublished
- Agalliu v. U.S. Attorney Gen., 441 F. App'x 726 (11th Cir. 2011).unpublished
- Zeng Yu Lin v. U.S. Attorney Gen., 438 F. App'x 771 (11th Cir. 2011).unpublished
- Portillo v. U.S. Attorney Gen., 435 F. App'x 844 (11th Cir. 2011).unpublished
- Yi Dong Chen v. U.S. Attorney Gen., 428 F. App'x 891 (11th Cir. 2011).unpublished
- Cueva v. U.S. Attorney Gen., 425 F. App'x 798 (11th Cir. 2011).unpublished
- De Petit v. U.S. Attorney Gen., 421 F. App'x 945 (11th Cir. 2011).unpublished
- Aroldo Geremias Juarez Juarez v. US Attorney Gen., 416 F. App'x 29 (11th Cir. 2011).unpublished
- De Padilla v. U.S. Attorney Gen., 403 F. App'x 472 (11th Cir. 2010).unpublished
- Aleksandr Aleksandrovich Belov v. US Attorney Gen, 397 F. App'x 530 (11th Cir. 2010).unpublished
- Luis Ernesto Cantillo-Charris v. US Atty Gen., 382 F. App'x 817 (11th Cir. 2010).unpublished
- Naiyun Jiang v. U.S. Attorney Gen., 381 F. App'x 911 (11th Cir. 2010).unpublished
- Gui Hua Liu v. U.S. Attorney Gen., 378 F. App'x 970 (11th Cir. 2010).unpublished
- Juan Mercedes Cruz v. U.S. Attorney Gen., 377 F. App'x 970 (11th Cir. 2010).unpublished
- Yonathan Staling Acevedo-Gomez v. U.S. Atty. Gen., 373 F. App'x 958 (11th Cir. 2010).unpublished
- Alejandro Jose Rodriguez Pompa v. U.S. Atty. Gen., 370 F. App'x 992 (11th Cir. 2010).unpublished
- Tania Maria Messias v. U.S. Attorney Gen., 371 F. App'x 41 (11th Cir. 2010).unpublished
- Howard Bron Sanchez Ortiz v. U.S. Atty. Gen., 368 F. App'x 993 (11th Cir. 2010).unpublished
- Carlos Eduardo Cabrera-Noriega v. US Atty. Gen., 369 F. App'x 5 (11th Cir. 2010).unpublished
- Jose Agustin Ramirez Calderon v. U.S. Atty. Gen., 368 F. App'x 92 (11th Cir. 2010).unpublished
- Ernesto Armando Romero Valencia v. US Atty. Gen., 368 F. App'x 43 (11th Cir. 2010).unpublished
- Gabriel Catalan Catalan v. U.S. Attorney Gen., 367 F. App'x 11 (11th Cir. 2010).unpublished
- Henry Leonel Fontes Martinez v. U.S. Atty. Gen., 324 F. App'x 829 (11th Cir. 2009).unpublished
- Zhen He Cheng v. U.S. Attorney Gen., 324 F. App'x 768 (11th Cir. 2009).unpublished
- Fnu Yunaidi v. U.S. Attorney Gen., 324 F. App'x 762 (11th Cir. 2009).unpublished
- Carlos Giovanny Sarmiento Ulloa v. U.S. Atty. Gen., 323 F. App'x 850 (11th Cir. 2009).unpublished
- Liliana Orozco v. U.S. Attorney Gen., 323 F. App'x 734 (11th Cir. 2009).unpublished
- Hector Ramon Riquel v. U.S. Attorney Gen., 322 F. App'x 905 (11th Cir. 2009).unpublished
- Guang Yao Huang v. U.S. Attorney Gen., 322 F. App'x 756 (11th Cir. 2009).unpublished
- Rony Rolando Alvarado-Orellana v. U.S. Atty. Gen., 322 F. App'x 690 (11th Cir. 2009).unpublished
- Francisco Malavet Delgado v. U.S. Attorney Gen., 322 F. App'x 702 (11th Cir. 2009).unpublished
- Mei Yun Zhuo v. U.S. Attorney Gen., 322 F. App'x 641 (11th Cir. 2009).unpublished
- Leonardo Javier Garcia-Perez v. U.S. Attorney Gen., 322 F. App'x 652 (11th Cir. 2009).unpublished
- Ayman Omar Abdallah v. U.S. Attorney Gen., 646 F. App'x 836 (11th Cir. 2016).unpublished
- Gerardo Prieto-Miranda v. U.S. Attorney Gen., 653 F. App'x 756 (11th Cir. 2016).unpublished
- Mi Ja Cho v. U.S. Attorney Gen., 661 F. App'x 568 (11th Cir. 2016).unpublished
- Fu Feng Lin v. U.S. Attorney Gen., 662 F. App'x 777 (11th Cir. 2016).unpublished
- Alvaro Roberto Duenas Burgos v. U.S. Attorney Gen., 680 F. App'x 828 (11th Cir. 2017).unpublished
- Taulant Manelli v. U.S. Attorney Gen., 683 F. App'x 780 (11th Cir. 2017).unpublished
- Ji Xian Lin v. U.S. Attorney Gen., 686 F. App'x 734 (11th Cir. 2017).unpublished
- Rodriguez v. U.S. Attorney Gen., 355 F. App'x 372 (11th Cir. 2009).unpublished
- Hossain v. U.S. Attorney Gen., 630 F. App'x 914 (11th Cir. 2015).unpublished
- Weizhi Wei v. U.S. Attorney Gen., 645 F. App'x 844 (11th Cir. 2016).unpublished
- Ordonez-Rojop v. U.S. Attorney Gen., 664 F. App'x 831 (11th Cir. 2016).unpublished
- Santos Elias Paz-Castillo v. U.S. Attorney Gen., No. 22-13557 (11th Cir. Nov. 28, 2023).unpublished
- Marvin Laguna Rivera v. U.S. Attorney Gen., 130 F.4th 915 (11th Cir. 2025).published
- Jorge Eduardo Mendieta Escruceria v. U.S. Atty. Ge, 341 F. App'x 557 (11th Cir. 2009).unpublished
- Darly Napoleon v. U.S. Attorney Gen., 348 F. App'x 471 (11th Cir. 2009).unpublished
- Joseph Edison Fernando vs U.S. Attorney Gen., 433 F. App'x 882 (11th Cir. 2011).unpublished
- Sergio Rolando Cordova Pineda v. U.S. Attorney Gen., 443 F. App'x 496 (11th Cir. 2011).unpublished
- Floreshe Perkeci v. U.S. Attorney Gen., 446 F. App'x 236 (11th Cir. 2011).unpublished
At page 1288 Determining eligibility for withholding of removal36 citing casesEven assuming arguendo that Mendoza’s status . . . places him in a protected social group, he has failed to show past persecution on that ground.
- Maria Jose Enriquez-Cortez v. U.S. Attorney Gen., No. 20-12680 (11th Cir. July 16, 2021).unpublished(Even assuming arguendo that Mendoza’s status . . . places him in a protected social group, he has failed to show past persecution on that ground.)
- Hang Kannha Yuk v. Ashcroft, 355 F.3d 1222 (10th Cir. 2004).published Moreover, there was no “evidence of systemic violation by the BIA of its regulations.” Id. *1232 Given that lack of evidence, the court was unwilling “to infer from these numbers alone that the required review is not taking place.” Id. at…
- Yu Sheng Zhang v. United States Dep't of Just., 362 F.3d 155 (2d Cir. 2004).published
- Sotir Muci v. U.S. Attorney Gen., 144 F. App'x 5 (11th Cir. 2005).unpublished
- Edinson Sierra-Espita v. U.S. Attorney Gen., 210 F. App'x 821 (11th Cir. 2006).unpublished
- Jairo Giraldo v. U.S. Attorney Gen., 201 F. App'x 697 (11th Cir. 2006).unpublished
- Perry Dillan Kalil v. U.S. Atty. Gen., 198 F. App'x 910 (11th Cir. 2006).unpublished
- Alfred Fasho v. U.S. Attorney Gen., 182 F. App'x 932 (11th Cir. 2006).unpublished
- Aboubakar Yari v. U.S. Attorney Gen., 192 F. App'x 842 (11th Cir. 2006).unpublished
- Feng Chai Yang v. United States Attorney Gen., 418 F.3d 1198 (11th Cir. 2005).published
Show 24 more citing cases
- Feliz v. Gonzales, 487 F.3d 71 (1st Cir. 2007).published
- Saidou Dia v. John Ashcroft, 353 F.3d 228 (3d Cir. 2003).published
- Teyent Loulou v. John Ashcroft, 354 F.3d 706 (8th Cir. 2003).published
- Joseph Ngure v. John D. Ashcroft, 367 F.3d 975 (8th Cir. 2004).published
- Ana Maria Lanza v. John Ashcroft, 389 F.3d 917 (9th Cir. 2004).published
- Yeboah v. Ashcroft, 68 F. App'x 483 (4th Cir. 2003).unpublished
- Daniels v. Ashcroft, 67 F. App'x 843 (4th Cir. 2003).unpublished
- Ango v. Ashcroft, 70 F. App'x 126 (4th Cir. 2003).unpublished
- Zengui Goma v. Ashcroft, 71 F. App'x 263 (4th Cir. 2003).unpublished
- Sumaray v. Ashcroft, 71 F. App'x 264 (4th Cir. 2003).unpublished
- Moges-Haile v. Ashcroft, 71 F. App'x 258 (4th Cir. 2003).unpublished
- Ngongo v. Ashcroft, 73 F. App'x 604 (4th Cir. 2003).unpublished
- Savoy v. Ashcroft, 73 F. App'x 647 (4th Cir. 2003).unpublished
- Adan v. Ashcroft, 74 F. App'x 267 (4th Cir. 2003).unpublished
- Tanjoh v. Ashcroft, 75 F. App'x 184 (4th Cir. 2003).unpublished
- Wibowo v. Ashcroft, 75 F. App'x 161 (4th Cir. 2003).unpublished
- Matsiona v. Ashcroft, 88 F. App'x 597 (4th Cir. 2004).unpublished
- Thanh Van Giap v. Immigr. & Naturalization Serv., 311 F. Supp. 2d 438 (S.D.N.Y. 2004).published
- Dia v. Atty Gen USA, No. 02-2460 (3d Cir. Dec. 22, 2003).published
- Teyent Loulou v. John Ashcroft, No. 02-3004 (8th Cir. Apr. 28, 2004).published
- Jose Antonio Ruiz Fonseca v. U.S. Attorney Gen., 455 F. App'x 893 (11th Cir. 2012).unpublished
- Hadassa Chanero v. U.S. Attorney Gen., 429 F. App'x 831 (11th Cir. 2011).unpublished
- Christiane Lima Da Conceicao v. U.S. Attorney Gen., No. 20-14482 (11th Cir. Jan. 6, 2022).unpublished
- Tanazi v. Ashcroft, 106 F. App'x 380 (6th Cir. 2004).unpublished
At page 1289 Review of due process rights under BIA summary affirmance procedures26 citing casesThat INS relies for support on the Seventh Circuit’s opinion in a one-sentence order was entered is no evidence that the BIA Guentchev, which noted that, “[t]he Constitution does not member did not review the facts of [petitioner’s] case.
- Maatougui v. Holder, 738 F.3d 1230 (10th Cir. 2013).published(That a one-sentence order was entered is no evidence that the BIA member did not review the facts of Mendoza’s case.)
- Hang Kannha Yuk v. Ashcroft, 355 F.3d 1222 (10th Cir. 2004).published (That a one-sentence order was entered is no evidence that the BIA member did not review the facts of Mendoza’s case.)
- Denko v. INS, No. 02-3746 (6th Cir. Dec. 8, 2003).published (That INS relies for support on the Seventh Circuit’s opinion in a one-sentence order was entered is no evidence that the BIA Guentchev, which noted that, “[t]he Constitution does not member did not review the facts of…)
- Yu Sheng Zhang v. United States Dep't of Just., 362 F.3d 155 (2d Cir. 2004).published
- Saidou Dia v. John Ashcroft, 353 F.3d 228 (3d Cir. 2003).published
- Dia v. Atty Gen USA, No. 02-2460 (3d Cir. Dec. 22, 2003).published
- Raul Gonzalez v. U.S. Attorney Gen., 154 F. App'x 169 (11th Cir. 2005).unpublished
- Narendrakumar Dhanjibhai Brahmbhatt v. U.S. Atty., 153 F. App'x 622 (11th Cir. 2005).unpublished
- Luis Medina v. U.S. Atty. Gen., 188 F. App'x 807 (11th Cir. 2006).unpublished
- Leon Allen Ramirez-Ospina v. U.S. Attorney Gen., 184 F. App'x 948 (11th Cir. 2006).unpublished
Show 15 more citing cases
- Imelda Maria Efie Suharti v. U.S. Attorney Gen., 185 F. App'x 878 (11th Cir. 2006).unpublished
- Edwin Orlando Hernandez v. U.S. Attorney Gen., 189 F. App'x 899 (11th Cir. 2006).unpublished
- Mahbuber Rahman v. U.S. Atty. Gen., 187 F. App'x 962 (11th Cir. 2006).unpublished
- Ferdinant Shamo v. U.S. Attorney Gen., 266 F. App'x 851 (11th Cir. 2008).unpublished
- Batalova v. Ashcroft, 355 F.3d 1246 (10th Cir. 2004).published
- Maria Isabel Mendoza-Rodriguez v. U.S. Attorney Gen., 405 F. App'x 359 (11th Cir. 2010).unpublished
- Gerardo Bibiano Falcon Carriche Theresa v. De Falcon Carriche & Christina Pamela Falcon Bibiano v. John Ashcroft, Attorney Gen., 350 F.3d 845 (9th Cir. 2003).published
- Svitlana Denko v. Immigr. & Naturalization Serv., 351 F.3d 717 (6th Cir. 2003).published
- Blanco de Belbruno v. Ashcroft, 362 F.3d 272 (4th Cir. 2004).published
- Dokaj v. Gonzales, 190 F. App'x 453 (6th Cir. 2006).unpublished
- Tjora v. Atty Gen USA, 104 F. App'x 263 (3d Cir. 2004).unpublished
- Falcon Carriche v. Ashcroft, 335 F.3d 1009 (9th Cir. 2003).published
- Ahmed v. Immigr. & Naturalization Serv., 85 F. App'x 426 (6th Cir. 2003).unpublished
- Demirzhiu v. Ashcroft, 96 F. App'x 263 (6th Cir. 2004).unpublished
- Qafalijaj v. Ashcroft, 107 F. App'x 614 (6th Cir. 2004).unpublished
At page 1286 Determining eligibility for asylum based on filing deadlines7 citing cases“demonstrate by clear and convincing evidence that the application has been filed within 1 year after the date of the alien's arrival in the united states.”
- Primo C. Novero v. Duke Energy, No. 17-14963 (11th Cir. Oct. 16, 2018).unpublishedApp. P. 28(a)(8)(A); Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1286 (11th Cir. 2003).
- Santiago Beltran v. U.S. Attorney Gen., 126 F. App'x 930 (11th Cir. 2005).unpublished
- Aqdas Dhala v. U.S. Attorney Gen., 196 F. App'x 805 (11th Cir. 2006).unpublished
- Gustavo Hernando Arango v. U.S. Atty. Gen., 224 F. App'x 901 (11th Cir. 2007).unpublished
- Isabel Christina Flores-Andino v. US Attorney Gen., 289 F. App'x 347 (11th Cir. 2008).unpublished
- Antonio Ramirez-Recinos v. U.S. Attorney Gen., 406 F. App'x 457 (11th Cir. 2010).unpublished
- Sharari v. Ashcroft, 407 F.3d 467 (1st Cir. 2005).published
v.
U.S. ATTORNEY GENERAL, Immigration and Naturalization Service, Respondents
Sergio Leonel Mendoza, through counsel, petitions this Court for review of the immigration judge’s (“IJ’s”) order denying him asylum and withholding of removal under the Immigration and Nationality Act (“INA”) and the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”). [1] We affirm.
I. BACKGROUND
In 1994, Mendoza, a native and citizen of Guatemala, entered the United States without inspection. In 1998, the INS issued Mendoza a notice to appear charging him with removability under the INA § 212(a)(6)(A)®, 8 U.S.C. § 1182(a)(6)(A)®, for being present in the United States without being admitted or paroled. [2] Mendoza does not challenge his removability.
[*1285] A Application for Asylum, and Withholding of Removal
On August 24, 1998, Mendoza filed a pro se Form 1-589 application for asylum and withholding of removal. In that application, he stated that Guatemalan guerillas were persecuting his family because his father, Cruz Mendoza Lopez (“Lopez”), had been in the Guatemalan military service. After Mendoza obtained counsel, he submitted these items to support his application: (1) a translated certificate of service showing that Lopez had served in the Guatemalan military from September 1963 to August 1965; (2) a translated letter from the Guerilla Army of the Poor (“EGP”), a Guatemalan guerilla organization, to Mendoza’s parents, attempting to extort money from them and threatening to kill one of their family members; and (8) a translated letter attesting that Lopez had presented to the Guatemalan military authorities a threat letter he had received from the EGP. To rebut Mendoza’s application, the INS submitted a copy of the State Department’s 1997 Profile of Asylum Claims and Country Conditions for Guatemala.
B. Hearings
At an initial hearing before the IJ, Mendoza conceded his removability. The IJ scheduled a separate hearing to ascertain whether extraordinary circumstances justified Mendoza’s untimely filing of his asylum claim, and whether he was entitled to withholding of removal. At that separate hearing, the IJ concluded that Mendoza had not shown that extraordinary circumstances justified his untimely filing for asylum. Accordingly, the IJ limited the scope of the remainder of the hearing to Mendoza’s eligibility for withholding of removal under the INA and the CAT.
Mendoza then testified to these facts. He left Guatemala after (1) Lopez received anonymous letters, purportedly from guerillas, threatening to kill him and his family members if he did not cooperate with them; and (2) Lopez showed him one of these notes and advised him to leave. Mendoza believed the guerillas targeted Lopez because he had served in the military in 1965, and, as of 1994, aspired to be a military commissioner. Lopez’s house was burned down in 1993. Sometime thereafter, Mendoza’s uncle was killed. Mendoza cannot identify who killed his uncle, but believes it was the guerillas because of anonymous letters (that are not included in the administrative record) sent after his killing. He surmised that the guerillas mistook his uncle for Lopez (his father) based on their physical similarities.
On cross-examination, Mendoza stated that Lopez has relocated a few times in Guatemala and still lives in Aquataccan, Guatemala, the same place that Mendoza had resided, and that no harm has befallen Lopez. Mendoza testified that he was unaware that the guerilla organizations have been disbanded since the civil war in Guatemala ended in 1996; nonetheless, he still fears returning to Guatemala because former guerillas remain there.
C. IJ’s Order
On January 10, 2000, the IJ entered an eight-page order denying Mendoza’s application for withholding of removal. The IJ made detailed findings of fact and conclusions of law. For example, the IJ deemed Mendoza’s testimony conclusory as it failed to demonstrate who burned Lopez’s[*1286] house and murdered Mendoza’s uncle. The IJ noted that, according to the State Department’s 1997 Profile of Asylum Claims and Country Conditions, the Guatemalan government and guerillas signed peace accords in 1996, and that Guatemala is facing significant political, social, and economic reform. The IJ found that Mendoza failed to establish a countrywide fear of persecution because Lopez relocated in Guatemala and resides in Aquataccan, the same area in which Mendoza lived. As such, there was no reason Mendoza would not be able to reside in Aquataccan or other areas of Guatemala free of threats.
The IJ also noted that Mendoza failed to rebut the evidence of changed country conditions contained in the State Department’s 1997 report. The IJ concluded that Mendoza did not show he more-likely-than-not would be persecuted on a protected ground. Finally, the IJ found Mendoza ineligible for CAT relief because Mendoza failed to show that the present Guatemalan government would more-likely-than-not torture him or acquiesce in his torture by other individuals. [3] Accordingly, the IJ ordered Mendoza removed to Guatemala.
Mendoza appealed to the BIA. On May 14, 2002, the BIA summarily affirmed the IJ’s decision without an opinion.
II. DISCUSSION
On appeal, Mendoza makes several arguments, which we review in turn. [4]
A. Appellate Review of Untimely Asylum Application
Mendoza first argues that the IJ erroneously concluded that he was ineligible for asylum due to his untimely application. INA § 208(a)(2)(B) provides that an alien may not apply for asylum “unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.” 8 U.S.C. § 1158(a)(2)(B). This one-year filing period commences either on the date of the alien’s last arrival in the United States or April 1, 1997, whichever is later. See 8 C.F.R. § 208.4(a)(2)(ii). Mendoza arrived in the United States in 1994. He filed his asylum application on August 24,1998, and thus, the application was not filed within one year after April 1,1997.
[*1287] An untimely asylum application may be considered if the alien can demonstrate extraordinary circumstances relating to the delay in filing an application within the one-year period. See 8 U.S.C. § 1158(a)(2)(D); see also 8 C.F.R. § 208.4(a)(5) (identifying events that qualify as extraordinary circumstances). However, “[n]o court shall have jurisdiction to review any determination of the Attorney General under [section 1158(a)(2) ].” 8 U.S.C. § 1158(a)(3). This Court already has determined that section 1158(a)(3) divests our Court of jurisdiction to review a decision regarding whether an alien complied with the one-year time limit or established extraordinary circumstances that would excuse his untimely filing. Fahim v. U.S. Attorney Gen., 278 F.3d 1216, 1217-18 (11th Cir.2002). Accordingly, we lack jurisdiction to consider Mendoza’s argument regarding the timeliness of his asylum application. [5]
B. Withholding of Removal
Mendoza next argues that the IJ erred in failing to withhold his removal. [6] The IJ’s findings of fact are conclusive unless the record demonstrates that “any reasonable adjudicator would be compelled to conclude to the contrary.” INA § 242(b)(4)(B), 8 U.S.C. § 1252(b)(4)(B). To reverse the IJ’s fact findings, we must find that the record not only supports reversal, but compels it. Fahim, 278 F.3d at 1218 (“To conclude that the Board [of Immigration Appeals] should be reversed, a reviewing Court must find that the record not only supports that conclusion, but compels it.”) (quotation marks and citation omitted).
An alien seeking withholding of removal under the INA must show that his life or freedom would be threatened on account of race,, religion, nationality, membership in a particular social group, or political opinion. See 8 U.S.C. § 1231(b)(3)(A). An alien bears the burden of demonstrating that he more-likely-than-not would be persecuted or tortured upon his return to the country in question. See Fahim, 278 F.3d at 1218. The alien’s testimony, “if credible, may be sufficient to sustain the burden of proof without corroboration.” See 8 C.F.R. § 208.16(b). If the alien establishes past persecution in his country based on a protected ground, it is presumed that his life or freedom would be threatened upon return to his country unless the INS shows by a preponderance of the evidence that, among other things, (1) the country’s conditions have changed such that the applicant’s life or freedom would no longer be threatened upon his removal; or (2) that the alien could avoid a future threat to his life or freedom by relocating to another part of the proposed country of removal, and it would be reasonable to expect him to do so. See id. § 208.16(b)(l)(i).
An alien who has not shown past persecution, though, may still be entitled to withholding of removal if he can demonstrate a future threat to his life or freedom on a protected ground in his country. See 8 C.F.R. § 208.16(b)(2). An alien cannot demonstrate that he more-likely-than-not would be persecuted on a protected ground if the IJ finds that the alien could avoid a future threat by relocating to another part of his country. See id.
Upon review of the administrative record and the parties’ briefs, we conclude[*1288] that Mendoza failed to meet the required showing for withholding of removal. The record does not compel reversal of the IJ’s finding that Mendoza failed to show he more-likely-than-not would be persecuted on account of, inter alia, membership in a particular social group. Even assuming arguendo that Mendoza’s status as the son of an ex-military member, Lopez, places him in a protected social group, he has failed to show past persecution on that ground. The record confirms the IJ’s decision that Mendoza’s testimony that guerillas burned his father’s house and killed his uncle was conclusory; indeed, Mendoza admitted that he did not know, and could only speculate as to, who killed his uncle. Moreover, Lopez’s military service ended more than twenty years before the alleged persecution occurred.
Moreover, the record supports the IJ’s finding that country conditions have changed in Guatemala since his alleged past persecution. According to the 1997 Profile of Asylum Claims and Country Conditions for Guatemala submitted by the INS, the Guatemalan government signed a peace accord with the guerilla groups, and these groups, including the EGP, have been dissolved by law. The IJ correctly notes that Mendoza failed to show that he would suffer persecution in light of these changed country conditions.
Finally, Mendoza cannot show that he more-likely-than-not would suffer persecution in Guatemala, given that Lopez, the purported focus of the guerillas’ persecution, has been able to relocate in Guatemala without harm, and currently lives in the same area from which Mendoza fled. As such, nothing appears to preclude Mendoza from residing in Guatemala without future threats. The record does not support, much less compel, reversal of the IJ’s ruling that Mendoza is ineligible for withholding of removal.
C. BIA’s Summary Affirmance Procedure
Mendoza next argues that the BIA’s summary affirmance procedures established by the Attorney General in 8 C.F.R. § 3.1(a)(7) violate his due process rights because the BIA issued a one-sentence order without reviewing the facts of his case. [7] As explained below, we agree with the First Circuit’s analysis, in Albathani v. INS, 318 F.3d 365 (1st Cir.2003), and conclude that the BIA’s summary affirmance procedures did not violate Mendoza’s due process rights.
Under these summary affirmance procedures, a single BIA member may affirm an IJ’s decision in a single sentence without an opinion if the BIA member determines “that the result was correct and that any errors were harmless and immaterial, and ‘that (A) the issue on appeal is squarely controlled by existing ... precedent ...; or (B) the factual and legal questions raised on appeal are so insubstantial that three-Member review is not warranted.’”[*1289] Gonzalez-Oropeza v. U.S. Attorney Gen., 321 F.3d 1331, 1332 (11th Cir.2003) (quoting 8 C.F.R. § 3.1(a)(7)®). The result of such an affirmance is that the IJ’s decision becomes the final agency determination. Gonzalez-Oropeza, 321 F.3d 1331, 1332 (citing 8 C.F.R. § 3.1 (a)(Y)(iii)). Such an order does not necessarily imply approval of all of the reasoning of the IJ’s decision, but does signify that any errors by the IJ were harmless or Immaterial. 8 C.F.R. § 3.1(a)(7)(iii). If the BIA member decides that the decision is inappropriate for affirmance without an opinion, the case is assigned to a three-member panel for review and decision; however, that panel also is authorized to determine that a case should be affirmed without an opinion. See id. § 3.1(a)(7)(iv).
In Albathani v. INS, 318 F.3d 365 (1st Cir.2003), the First Circuit examined the due process implications of the BIA’s summary affirmance procedures. The First Circuit stated that there are two possible bases for a due process challenge to the summary affirmance procedures: (1) “that the BIA decision is the final decision [of the INS] and a BIA summary affirmance does not provide a reasoned basis for review;” and (2) “that a one-line summary affirmance provides no way for courts to police the BIA to see that it is actually doing its job according to the regulations it has promulgated.” 318 F.3d 365, 376.
The First Circuit concluded, however, that the BIA’s summary affirmance procedure does not violate an alien’s due process rights. In determining that appellate courts adequately are able to review INS removal decisions, the First Circuit observed that (1) an alien has no constitutional right to an administrative appeal and (2) Congress has not given aliens any statutory right to an administrative appeal. 318 F.3d 365, 375 (citing Guentchev v. INS, 77 F.3d 1036, 1037 (7th Cir.1996)). Any administrative appeals rights available to aliens are created by regulations promulgated by the Attorney General, and “under the regulations, no entitlement to a full opinion by the BIA exists.” Gonzalez-Oropeza, 321 F.3d 1331, 1332; see also Albathani, 318 F.3d 365, 377; 8 C.F.R. § 3.1(b) (2002). Furthermore, meaningful review of the INS’s removability determination is not precluded by the brevity of the BIA’s summary affirmance decision because an appellate court “will continue to have the IJ’s decision and the record upon which it is based available for review.” Albathani 318 F.3d 365, 377.
Likewise, we conclude that summary af-firmance of Mendoza’s removal did not violate any due process rights. As this Court stated in Gonzalez-Oropeza, “under the [INS] regulations, no entitlement to a full opinion by the BIA exists.” 321 F.3d 1331, 1332. That a one-sentence order was entered is no evidence that the BIA member did not review the facts of Mendoza’s case. There also is no evidence that the BIA member who reviewed Mendoza’s removal deviated from the requirements of the regulations in determining whether Mendoza’s appeal could be subject to the streamlining procedures of 8 C.F.R. § 3.1(a)(7). See also Gonzalez-Oropeza, 321 F.3d 1331, 1332 (concluding that in summarily affirming the IJ’s decision, the BIA “was in full compliance with the regulations, as the issues in th[e] case [were] not complex, and [were] governed by existing agency and federal court precedent”). Moreover, our review of the IJ’s decision and the administrative record reveals that there is a basis for affirmance and for summary affirmance of Mendoza’s removal. [8]
PETITION DENIED.
. When the Board of Immigration Appeals ("BIA”) summarily affirmed the IJ's decision without an opinion, the IJ’s decision became the agency’s final removal order. See 8 C.F.R. § 3.1(a)(7) (2002).
. Because Mendoza’s removal proceedings commenced after April 1, 1997, the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRI-RA”), Pub.L. No. 104-208, 110 Slat. 3009[*1285] (1996), this case is governed by the permanent provisions of the Immigration and Nationality Act ("INA”), as amended by IIRIRA. See Balogun v. U.S. Attorney Gen., 304 F.3d 1303, 1309 (11th Cir.2002); Brooks v. Ashcroft, 283 F.3d 1268, 1271-72 n. 4 (11th Cir. 2002); Oguejiofor v. U.S. Attorney Gen., 277 F.3d 1305, 1308 (11th Cir.2002).
. In his brief on appeal, Mendoza does not challenge the IJ’s determination that he is not entitled to CAT relief. Thus, Mendoza has abandoned his CAT claim on appeal, and we need not consider it. See U.S. v. Nealy, 232 F.3d 825, 830-31 (11th Cir.2000); see also Al Najjar v. Ashcroft, 257 F.3d 1262, 1283 n. 12 (11th Cir.2001).
. The government argues that we should reject Mendoza’s brief because it contains no citations to the administrative record, in violation of Fed. R.App. P. 28(a)(9)(A). That rule requires the argument section of an appellant's brief to contain "the appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.” Fed. R.App. P. 28(a)(9)(A) (emphasis added). Failure to comply with Rule 28(a)(9)(A) of the Federal Rules of Appellate Procedure may result in waiver or abandonment of issues on appeal. See, e.g., Flanigan’s Enters., Inc. of Ga. v. Fulton County, 242 F.3d 976, 987 n. 16 (11th Cir.2001), cert. denied, 536 U.S. 904, 122 S.Ct. 2356, 153 L.Ed.2d 178 (2002). However, this requirement is not jurisdictional, but one of prudential constraint. United States v. Miranda, 248 F.3d 434, 443-44 (5th Cir.), cert. denied, 534 U.S. 980, 122 S.Ct. 410, 151 L.Ed.2d 312 (2001). Although Mendoza's brief does not cite to the administrative record, he does specify the underlying facts upon which he bases his arguments, and those facts are readily ascertainable in the relatively small record. While we admonish Mendoza’s counsel for failing to comply with Rule 28(a)(9)(A), we exercise our discretion to consider his brief. Cf. DiCarlo v. Keller Ladders, Inc., 211 F.3d 465, 468 (8th Cir.2000).
. We review questions of subject-matter jurisdiction de novo. See Brooks, 283 F.3d at 1272.
. The IJ's and BIA’s legal conclusions are reviewed de novo. See Mohammed v. Ashcroft, 261 F.3d 1244, 1247 (11th Cir.2001).
. The INS argues that the decision to streamline an immigration appeal by using the summary affirmance procedures is a decision committed to agency discretion and, thus, not subject to review by a court. See Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U.S. 519, 549, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978). " '[A]dministrative agencies should be free to fashion their own rules of procedure and to pursue methods of inquiry capable of permitting them to discharge their multitudinous duties.' " Gonzalez-Oropeza v. U.S. Attorney Gen., 321 F.3d 1331, 1332 (11th Cir.2003) (quoting Vermont Yankee, 435 U.S. at 543, 98 S.Ct. 1197). We need not address the INS’s contention in this regard, however, because Mendoza does not challenge the INS's decision to streamline his appeal. Rather, Mendoza asserts that the BIA deviated from its own regulations by failing to review the facts of his case.
. We point out that the petitioner in Albatha-ni presented evidence of the significant volume of appeals assigned to each member of the BIA and the large number of appeals a member decided in a single day. Based on this evidence, the petitioner asserted that the BIA was not reviewing IJ decisions in accordance with the regulations. 318 F.3d 365, 377. The First Circuit concluded, however, that neither the petitioner nor the amicus provided any specific evidence of departure from the procedures for review. 318 F.3d 365, 378. Moreover, the court’s own review of the petitioner’s case confirmed "that if there were any deviation from what the regulations required ... the error [was] harmless” because there was a basis for affirmance. Id. In contrast, Mendoza has presented no such evidence.