Perez

MEMORANDUM

Lead petitioner Hector Ovidio Perez and derivative petitioners Maria del Rosario Ramirez and Waldemar Perez Vasquez petition for review of decisions of the Board of Immigration Appeals denying their application for asylum, withholding of removal and protection under the Convention Against Torture. Petitioners also seek review of the BIA’s decision denying a motion to reopen based on a claim of ineffective assistance of counsel. We deny the petition for review.

The BIA’s decision to deny asylum, withholding of removal and protection under the Convention Against Torture must be upheld if “supported by reasonable, substantial, and probative evidence on the record considered as a whole.” MolinaEstrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). The BIA’s decision not to reopen the application is reviewed for abuse of discretion. INS v. Doherty, 502 U.S. 314, 323-24 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992).

Perez did not have personal contact with the guerrillas by whom he claims he was persecuted. He presented no evidence to establish the guerrillas’ motives for wanting to harm him. An imputed political opinion must be proven through facts in evidence that show the…