William Barrera-Donis v. Eric Holder, Jr.

Good Law
421 F. App'x 727
United States Court of Appeals for the Ninth CircuitMarch 15, 201109-73574California375 words

Opinion

Opinion

MEMORANDUM

Wilián Enrique Barrera-Donis petitions for review of the BIA’s denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (CAT). We deny the petition for review.

1. The BIA’s determination that Barrera-Donis suffered no past persecution on account of the political opinion imputed to him as a former military officer is supported by substantial evidence. Barrera-Donis contends that, after he left military service, guerrillas against whom he once fought wanted to attack him to obtain confidential military information. He admits, however, that neither he nor his family has ever been harmed, threatened or even contacted by the guerrillas. The “general climate of hostility” between the guerrillas and military officers like Barrera-Donis that prevailed at the time he left the army does not suffice to demonstrate past persecution. Sinha v. Holder, 564 F.3d 1015, 1025 (9th Cir.2009).

2. Substantial evidence also supports the BIA’s finding that Barrera-Donis’ fear of future persecution on the basis of his political opinion is not objectively reasonable. There is no “credible, direct, and specific evidence in the record of facts…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.