Pinto
Pinto v. Holder
Opinion
Opinion
MEMORANDUM
Petitioner Epifanio Teo Pinto, a native and citizen of Guatemala, petitions for review of a Board of Immigration Appeals (“BIA”) decision reversing an immigration judge’s grant of asylum and denying his application for asylum, withholding of removal, and protection under the Convention Against Torture. We deny the petition for review.
Petitioner raises two arguments. First, he argues that, contrary to the BIA’s conclusion, he was persecuted by Guatemalan guerillas on account of his political opinion. Under the substantial evidence standard, we may reverse the BIA’s determination that Petitioner failed to establish persecution on account of a ground enumerated in 8 U.S.C. § 1101 (a)(42)(A) only if a reasonable fact-finder would have been compelled to reach a different conclusion. Cruz-Navarro v. INS, 232 F.3d 1024, 1028-30 (9th Cir.2000). Here, the record does not compel the conclusion that the Guatemalan guerillas attempted to recruit Petitioner because of Petitioner’s actual or imputed political opinion. As regards Petitioner’s actual political opinion, his testimony that he refused to join the guerillas because he did not like fighting is insufficient to establish…