Audelio Arriaga-Barrientos v. U.S. Immigration and Naturalization Service

Arriaga-Barrientos petitions for review of the decision of the Board of Immigration Appeals (Board) denying his request for asylum and withholding of deportation. The Board had jurisdiction pursuant to 8 C.F.R. §§ 3.1 (b)(2), 242.21 (1990). We have jurisdiction over this timely-filed petition pursuant to 8 U.S.C. § 1105a. We deny the petition.

I

Arriaga-Barrientos is a native and citizen of Guatemala. He entered the United States without inspection near San Ysidro, California, on or about October 13, 1985. Once apprehended, he conceded deportability and applied for asylum or withholding of deportation. The immigration judge denied his application and ordered deportation. Arriaga-Barrientos timely appealed to the Board, which dismissed the appeal.

Arriaga-Barrientos served in the Guatemalan military from July 1973 until January 1985, when he was discharged. He testified before the immigration judge that he feared both the Guatemalan military and its armed opposition. He said his release from the military might be construed as an act sympathetic to the opposition. He admitted, however, that his discharge was in the normal course of service. He has not been threatened or even…